UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX JOSE CONCEPCION, : Plaintiff, : : 22 Civ. 7959 (JPC) (JLC) -v- : : ORDER 3RD AVENUE HEIGHTS LLC et al., : Defendants. :

KX JOHN P. CRONAN, United States District Judge: The parties shall appear for a telephonic conference on April 4, 2024, at 3:00 p.m. to discuss the parties’ revised proposed settlement agreement. See Dkt. 48. At the scheduled time, the parties should call (866) 434-5269, access code 91762621. The parties should be prepared to discuss whether the scope of the release in the proposed settlement agreement is appropriate. See Lopez v. Nights of Cabiria, LLC,

(S.D.N.Y. 2015) (‘In this circuit, for example, class action releases may include claims not presented and even those which could not have been presented, but only when the released conduct arises out of the identical factual predicate as the settled conduct.” (internal quotation marks omitted)). SO ORDERED. Dated: March 26, 2024 Vibe eof. 2 New York, New York JOHN P. CRONAN United States District Judge