COUNSELLORS AT LAW AND PROCTORS IN ADMIRALTY DOCUMENT 212 West 35th Street, 12th Floor ELECTRONICALLY FILED NEW YORK, NY 10001 DOC #: Telephone: (212) 465-8840 DATE FILED: 10/17 /2024 PAUL T. HOFMANN* Fax: (212) 465-8849 NEW JERSEY OFFICE: TIMOTHY F. SCHWEITZER* Fax: (844) 570-8674 1130 ROUTE 202 SOUTH , SUITE A7 _______ RARITAN, NJ 08869 (908)393-5662 DARIO ANTHONY CHINIGO* E-MAIL: [email protected] NICOLE VERA*† WEB PAGE: WWW.HOFMANNLAWFIRM.COM Writer’s Email: *Also Admitted in NJ [email protected] † Also Admitted in FL October 16, 2024 Via ECF The Honorable Mary Kay Vyskocil, U.S.D.J. United States District Court Southern District of New York Daniel Patrick Moynihan U.S. Courthouse 500 Pearl Street, Room 2230 New York, New York 10007 Re: Babson et al., v. Bouchard Transportation Co. Inc., et. al. Case No.: 20-cv-02370 (MKV) Bailey et al., v. Bouchard Transportation, Co., Inc, et al. Case No.: 20-cv-01207 (SDA) Dear Judge Vyskocil: Your Honor will recall that our office represents the 15 reminaing named plaintiffs in the above two matters involving claims asserted against defendants Bouchard Transportation Co. Inc., et al. (“Defendants”). We wrote to you on September 12 advising that the defendants, through the Texas Bankruptcy proceedings, had offered to settle the FLSA claims involved in the above-referenced actions, and that the clients had agreed to the settlement proposal. We had asked you informally to approve the settlement under Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015) On October 4, you issued an order directing me to file a formal motion to have the court review and approve the settlement as to the Babson matter. I am in the process of preparing that motion. You directed me to proceed separately before Magistrate Judge Aaron in the Bailey case. Essentially, the same motion I am preparing in the Babson matter will be filed in the Bailey case. However, I respectfully request the court to give me an additional week, until October 11, to file the motion as directed. The reason for this is I was out of commission for several days in the previous week due to having a bout of Covid. Plus, last week I had to focus on and participate in several intense days of negotiations of cases in the Matter of Energetic Tank (1:18-Civ.-01359-LAP), where I represent 27 U.S. Navy sailors injured when the USS JOHN S MCCAIN collided with an oil tanker in the Singapore Straits. That case is before Honorable Loretta A. Preska. HOFMANN & SCHWEITZER -Page 2- A number of other time consuming events also kept me from completing the proposed motion so I could share it with all relevant counsel for their comments before filing same, and a companion motion before Magistrate Judge Aaron in the Bailey matter. Ihave now ‘cleared the decks’ so to speak, and am working on the motion for your Honor’s review, but would be appreciative of an extra week to finalize it. Should the court wish to discuss this further with me, I will be available at the court’s convenience. Iam copying Magistrate Judge Aaron on this request to alert him as to our anticipated course of proceedings. The settlement proposal involves jointly all 15 remaining plaintiffs in the two cases combined.' A copy of my letter to him is attached. I thank you for the court’s continued attention to this matter. Respectfully yours, HOFMANN & SCHWEITZER (22TH PTH/gh By: Paul T. Hofmann enc. C: Raymond G. McGuire, Esq. Dominic Litz, Esq. Hon. Stuart D. Aaron Plaintiffs’ request for a one-week extension is GRANTED. The October 4, 2024 order [ECF No. 93] required Plaintiffs to file any motion for settlement approval in Case No. 1:20-cv-02370-MKV by October 18, 2024. As such, the filing deadline is extended to October 25, 2024, not October 11, 2024. SO ORDERED.

Date: 10/17/2024 K (/ New York, New York Mary|Kay V¥skocil nited States District Judge

' Two of the original 17 plaintiffs discontinued their actions previously.