Martinez v. 35 West 20th Street Rest. Inc.

UNITED STATES DISTRICT COURT EDLOECC #T:R ONIC ALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 1/17/2 023 ------------------------------------------------------------ X MARTIN MARTINEZ, : : : Plaintiff, : 22-CV-6067 (VEC) : -against- : ORDER : WEST 20TH STREET REST. INC., : doing business as PERIYALI : RESTAURANT, and NICOLA TZOLIS and : SOTIRIOS TZOLIS, aka STEVE TZOLIS, : individually, : : Defendants.

X ------------------------------------------------------------ VALERIE CAPRONI, United States District Judge: WHEREAS on January 13, 2023, the parties submitted a proposed settlement agreement for the Court’s approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), see Dkt. 13; WHEREAS the Court finds that counsel’s requested fee and the settlement amount for the case are reasonable; and WHEREAS the Court finds that the proposed settlement agreement is fair and reasonable but contains the following two typographical errors: in the “Settlement Amount” paragraph on page 2 of the agreement, “Defendants agree to pay Plaintiff the total sum of fourteen thousand give hundred dollars ($13,500.00),” and in paragraph 6, page 4, the agreement provides that the parties consent to jurisdiction in the Eastern District of New York for litigation arising out of the settlement agreement. See Dkt. 13-1, Ex. A.

IT IS HEREBY ORDERED that the parties must submit a corrected proposed settlement agreement by no later than January 20, 2023. The Court would be prepared to approve as fair and reasonable a settlement agreement that is free of typographical errors discussed above.

IT IS FURTHER ORERED that the status conference scheduled for January 20, 2023 is CANCELLED.

SO ORDERED.

Date: January 17, 2023 Vode New York, NY VALERIE CAPRONI United States District Judge