Policarpo v. April Corp.

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK x DOC #: DATE FILED: 4/12/2023 RAUL POLICARPO and NATALIO CEBALLOS, on behalf of himself and all others similarly situated, Plaintiffs, 21-CV-4210 (KHP) -against- ORDER APRIL CORP., d/b/a/TERRA MARKET, BLANCA GONZALEZ, and JOHN DOES #1-10, Defendants. +--+ ----X KATHARINE H. PARKER, United States Magistrate Judge: On March 6, 2023, Plaintiffs informed the Court that the parties had reached a settlement agreement in this action and represented that they would file a motion for approval of the settlement as required by Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) (“Cheeks Motion”) by Tuesday, March 28, 2023. The Court issued an order directing the parties to file a Cheeks Motion by that date and noting that the order did not impact any previously set deadlines. The parties are reminded that the deadline to complete all discovery is April 21, 2023.

The parties did not file any Cheeks Motion by March 28, 2023. Accordingly, on March 29, 2023, the Court sua sponte granted a nunc pro tunc extension of the deadline for the Cheeks Motion until Friday, April 7, 2023. The Court’s order stated that in the event the parties were not prepared to file a Cheeks Motion by April 7, they should instead file a request fora reasonable extension of time. The parties did not file a Cheeks Motion or any request for an extension. Instead, the docket has been silent.

The Court grants another extension of time nunc pro tunc until Wednesday, April 19, 2023 for the parties to file a Cheeks Motion or, in the alternative, an update on the status of discovery.

The parties are advised that continued failure to abide by Court orders could result in sanctions, including monetary sanctions against the parties and their counsel. See, e.g., Jianshe Guo v. A Canaan Sushi Inc., 2019 WL 1507900, at *4 (S.D.N.Y. Apr. 5, 2019) (dismissing case for failure to prosecute and assessing a monetary sanction on plaintiff’s counsel for repeated failure to comply with court deadlines); Dosso v. Knights Collision Experts, Inc., 2022 WL 2103070, at *2-3 (E.D.N.Y. June 10, 2022) (imposing sanctions on defendant and defense counsel based on their attempt to privately settle an FLSA action and end-run the requirements of Cheeks).

SO ORDERED.

DATED: New York, New York April 12, 2023 Ky Athauine He ficke, KATHARINE H. PARKER United States Magistrate Judge