Lapastica v. Auto Filling Services, LLC

| DOCUMENT (1 ELECTRONICALLY FILED DATE FILED:_12/1/2023 Direct: (646) 889-1011 thanks Plaintiff's counsel for this letter update and is pleased to learn that an agreement was reached. The settlement status call scheduled for December 4, 2023 at 12:30 p.m. is adjourned sine die. ff shall file letters seeking approval of the settlement agreements by Friday, December 22, 2023. The letters shall attach copies of th agreements. The deadlines for the AFS Defendants to answer the SAC are adjourned sine die, pending approval of the parties’ agreements. are reminded of their option to consent to my jurisdiction over this action pursuant to 28 U.S.C. § 636(c). If all parties consent, □ the form available at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge, and file said form on ECF rder is not meant to interfere in any way with the parties' absolute right to have dispositive motions and a trial before a U.S. District J New York, NY [0007 SO ORDERED: thoes tt Faker RE: 22cv10254 Lapastica v. Auto Filling Services, Inc. et al. HOM KATHARINE H. PARKER Status Conference Scheduled for December 4, 2023 12:30pm NuNITED STATES MAGISTRATE JUDGE □ □□□□□ Dear Judge Parker: As the Court is aware, I represent Plaintiff Aldin Lapastica in the above referenced matter.

Pursuant to the Court’s order of today’s date, time stamped approximately 2:35pm, I write to inform the Court that the parties no longer require the above referenced status conference to be held.

I spoke with Jeremy Rosenberg, counsel for Defendants Auto Filling Services, Inc. and Meir Eisenstadt (collectively “AFS Defendants”) and David Binson, counsel for Joel Klein and CPBC, LLC (collectively “Klein Defendants”) separately because neither counsel were available to speak with me at the same time. Each counsel confirmed to me separately that they do not have further issues regarding this matter and no longer have a need for a settlement status conference.

I also sent a confirmation email to both counsel detailing each of their positions and that I would file this letter to cancel the status conference on 12/4/2023 without further notice to them.

The Parties also respectfully request a date for submission of their respective settlement agreements for approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The Plaintiff and AFS Defendants further request an adjournment sine die, the CPBC of their Answer to the Second Amended Complaint (“SAC”) and all other pending proceedings.

Your Honor had already adjourned sine die all pending Answers and proceedings for the Klein Defendants on or about October 11, 2023. Thank you.

Respectfully submitted, /s/ Susan Ghim Susan Ghim, Of Counsel One Grand Central Place, 60 East 42"4 Street, Suite 4600, New York, New York 10165 Main: 212 600 9534 | Fax: 516 604 0157 | www.Nisarlaw.com