UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn eK HOSAM ABDELDAYEM, : Plaintiff, : : 22 Civ. 4830 (LGS) -against- : : ORDER GIORGIO’S OF GRAMERCY, et al., : Defendants. : wn KX LORNA G. SCHOFIELD, District Judge: WHEREAS, the Order dated April 12, 2023, required Plaintiffs counsel to file supporting evidence permitting this Court to approve the settlement as fair and reasonable consistent with the holding in Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015). WHEREAS, Plaintiff correctly notes that an offer of judgment made pursuant to Fed. R. Civ. P. 68(a) is not subject to the Cheeks fairness inquiry, which is “limited to Rule 41(a)(1)(A)(i) dismissals with prejudice.” See Mei Xing Yu v. Hasaki Rest., Inc.,

(2d Cir. 2019); accord Morse v. Warren & Panzer Eng’rs, P.C.,

, at *2 (S.D.N.Y. Nov. 15, 2022). It is hereby ORDERED the memo endorsement dated April 12, 2023 (Dkt. No. 34) is vacated. Judgment consistent with the parties’ proposed Fed. R. Civ. P. 68 judgment will issue separately.

Dated: April 14, 2023 New York, New York .

LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE