USDC SDNY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: ee cece □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ DATE FILED: 2/16/2024 MICHAEL DIAZ, : Plaintiff, ORDER -V- 23-CV-4827 (JLC)

JUMP DESIGN GROUP INC., et ano., Defendants.

JAMES L. COTT, United States Magistrate Judge. WHEREAS, the court-ordered mediation in this case was not held because the parties reported that they have reached a settlement on all issues; and WHEREAS, the parties have consented to my jurisdiction over this case under

(c) so that their settlement agreement may be reviewed by me (Dkt. No. 20); IT IS HEREBY ORDERED that the parties are directed to file a joint letter motion along with their fully executed settlement agreement no later than March 15, 2024 to request court approval. The letter motion should explain why the proposed settlement is fair and reasonable and otherwise complies with the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015). The parties are directed to this Court’s rulings in Martinez v. Avalanche Construction Group Inc., No. 20-CV-11065 (JLC),

(S.D.N.Y. Oct. 28, 2021) (unreasonable restrictions on use of social media to publicize settlement stricken); Cruz v. Relay Delivery, Inc., No. 17-CV-7475 (JLC),

(S.D.N.Y. Sept. 4, 2018) (no reemployment provision impermissible and provision related to communication with media should not be overly restrictive); Rivera v. Relay Delivery, Inc., No. 17-CV-5012 (JLC),

(S.D.N.Y. Apr. 26, 2018) (release that was broader and thus more favorable to defendants than plaintiff's narrower release was impermissible); Howard v. Don Coleman Advertising, Inc., No. 16-CV-5060 (JLC),

(S.D.N.Y. Feb. 28, 2017) (any mutual non-disparagement provision must include carve-out for truthfulness); and Souza v. 65 St. Marks Bistro, No. 15-CV-327 (JLC),

(S.D.N.Y. Nov. 6, 2015) (regarding impermissible confidentiality provisions and the proper scope of mutual general releases), for further guidance as to permissible and impermissible terms. For recent settlements the Court has approved, the parties are directed to review Chuchuca v. Fitzcon Construction G.C., No. 20-CV-2178 (JLC),

(S.D.N.Y. Sept. 15, 2023); and Mauricio v. Tiramisu Restaurant LLC, No. 22-CV-2500 (JLC),

(S.D.N.Y. Sept. 30, 2022). SO ORDERED. Dated: February 16, 2024 New York, New York > aT # Ly A L. COTT (“4 States Magistrate Judge