PHILLIPS NIZERuw 485 Lexington Ave New York, NY 10017-2643 212.977.9700 Fax 212.262.5152 Continental Plaza 433 Hackensack Avenue Regina E. Faul Suite 803 (212) 841-0575 Hackensack, NJ 07601 [email protected] 201.487.3700 www. phillipsnizer.com New York « New Jersey May 25, 2023

The Hono ble Sarah Netb ee e Honorable Sarah Netburn United States Magistrate Judge DOCUMENT Southern District of New York ELECTRONICALLY FILED Thurgood Marshall United States Courthouse DOC #: 40 Foley Square DATE FILED: 05/26/2023 New York, New York 10007 ies

Re: Manuel Pena vy. Emerald Equity Group LLC, EEG FC LP, EEG FC GP LLG, Archrock LLC, 312 W 114 LP, 320 Manhattan Ave LP, 350 Manhattan Avenue LP, 320 Manhattan Ave Realty LLC, Daily Maintenance LLC, and the Clearstone Group, Inc., Docket No 21-cy-07843 Dear Judge Netburn: This Firm represents Defendants EEG FC LP, EEG FC GP LLC, 312 W 114 LP, 320 MANHATTAN AVE LP, 350 MANHATTAN AVENUE LP, and THE CLEARSTONE GROUP, INC." in the above-referenced action (the “Action’”). After considerable negotiations, counsel for Plaintiff and Defendants Emerald Equity Group LLC, Archrock LLC, 320 Manhattan Ave Realty LLC, EEG FC LP, EEG FC GP LLC, 312 W114 LP, 320 Manhattan Ave LP, 350 Manhattan Avenue LP, and The Clearstone Group, Inc. (“Settling Defendants”) have come to an agreement regarding the terms of a settlement of the Action and together are currently working on the Settlement Agreement for submission to the Court for review under Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015). Given that the Plaintiff and Settling Defendants have made this progress, we are jointly requesting the upcoming due dates for Settling Defendants be adjourned in contemplation of settlement: (1) Ex Parte Settlement Letters and Acknowledgement Forms due May 25, 2023; (2) the Settlement Conference on June 1, 2023; and (3) all Fact Discovery due June 30, 2023.

' Defendant Daily Maintenance LLC is not represented by this firm or Mr. Weinberger or Mr. Beldner in this matter. Daily Maintenance has not joined in the settlement.

PHILLIPS NIZERw

May 25, 2023 Page 2 This proposal is being submitted without waiver of any rights, remedies, or defenses in this matter, all of which are expressly reserved. We thank the Court for its consideration of this request. Respectfully submitted, /s/ Regina E. Faul Regina E. Faul REF: ce: Shelly L Friedland, Esq. (via ECF) Eyal Dror, Esq. (via ECF) Attorneys for Plaintiffs Stuart Alan Weinberger, Esq. (via ECF) Joshua Sam Beldner, Esq. (via ECF) Attorneys for Defendants Emerald Equity Group LLC and Archrock LLC Daily Maintenance, LLC (Via Email — [email protected])

The parties' request to adjourn fact discovery deadlines and the June 1, 2023 settlement conference is GRANTED. The parties are directed to file their settlement agreement no later than June 15, 2023. SO ORDERED. abe: NETBURN United States Magistrate Judge Dated: May 26, 2023 New York, New York