Hernandez v. 1268 2nd Ave LLC

JIEPOEN UV. TIANDS 30-30 Northern Blvd, Suite 401 LABOR & EMPLOYMENT COUNSEL FOR OVER 40 YEARS Long Island City, NY 11101 T: 718.275.6700 * F: 718.275.6704 NILS C, SHILLITO ASSOCIATE Tel: 718.275.6700 [email protected] February 17, 2023 VIA ECF Hon. Gabriel W. Gorenstein MEMORANDUM ENDORSED United States Magistrate Judge United States District Court Southern District of New York Pearl Street, Courtroom 6B New York, NY 10007-1312 Re: Hernandez v. 1268 2nd Ave LLC, et ano.

Case No. 22-CV-7037 (GWG) Dear Judge Gorenstein: This firm represents the defendants in the above-referenced action. I write jointly with the consent of counsel for the plaintiff to respectfully request an extension of time until March 1, 2023 for the parties to submit their settlement agreement covering plaintiff's wage and hour claims asserted in this action pursuant to the Fair Labor Standards Act and New York Labor Law to the Court for approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015).

The parties reached a settlement in principle of the plaintiffs claims at the mediation session held on January 24, 2023. Subsequently, Your Honor set a deadline of February 16, 2023 for the parties to submit their settlement agreement and Cheeks approval motion. The parties apologize to Your Honor for failing to abide by the Court’s submission deadline, and respectfully request this brief extension of time until March 1“ to allow counsel for the parties to finalize the written terms of the parties’ settlement agreement and obtain all necessary signatures thereon before submitting the agreement to the Court for approval. This is the first request for such an extension of time. All parties consent to this request. No other deadlines would be affected by granting this request.

Extension to March 1, 2023, granted. Respectfully Submitted, So Ordered. /s/Nils C. Shillito ibd Gro le Nils C. Shillito (NS-6755) BRIEL W. RENSTEIN United States Magistrate Judge February 17, 2023 www.hansassociates.com