Bodiford v. Medrite Midtown West LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wane eK KELLI BODIFORD et al., : Plaintiffs, : : 24 Civ. 5785 (LGS) -against- : : ORDER MEDRITE MIDTOWN WEST, LLC, et al., : Defendants. : □□□ LORNA G. SCHOFIELD, District Judge: WHEREAS, on December 23, 2024, the parties e-mailed a letter to the Court stating that they have reached a settlement agreement in principle. The parties’ letter is appended to this Order. It is hereby ORDERED that, by February 11, 2025, the parties shall submit: (7) the settlement agreement to the Court; and (i) a joint letter with supporting evidence addressing the findings this Court must make in order to approve the settlement as fair and reasonable. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015), cert. denied, 136 S. Ct. 824 (2016); Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012) (outlining factors district courts have used to determine whether a proposed settlement is fair and reasonable). It is further ORDERED that all conferences and trial dates are CANCELED.

Dated: January 13, 2025 New York, New York Lorna G. Scien UNITED STATES DISTRICT JUDGE OTe NISAR LAW GROUP, P.C. | One Grand Central Place 4 60 East 42nd Street, Suite 4600 surppruant [EiTpeAmieox ATzeRNEYs New York, NY 10165 Susan Ghim, Of Counsel [email protected] Main: (212) 600-9534 Direct: (646) 889-1011 December 23, 2024 VIA EMAIL TO: Schofield [email protected] Hon Lorna G. Schofield, U.S. District Judge United States District Court, SDNY Pearl Street New York, NY 10007 RE: Bodiford et al. v. Medrite et ano 24cv5785 (LGS) Joint Letter of Settlement by Parties in principle and request for adjournments sine die Dear Judge Schofield: As the Court is aware, undersigned counsel represents Plaintiffs Kelli Bodiford, Sheina Heusner, Jada Madeam, Niya Lloyd, Ngozi Okpu and Anastacia Sancroft (collectively “Plaintiffs”) in the above referenced matter. Herrick Feinstein LLP, Counsel of record for the defendant Medrite Midtown LLC (‘““Medrite”) consented to the email of the instant letter pursuant your Honor’s individual rules. This case was filed on or about July 30, 2024 under the Fair Labor Standards Act 29 USC §201 et seq. together with discrimination claims under the NYS Exec. Law et seq. and NYC Human Rights Law 8-107 et seq. The Parties are pleased to jointly report that they have arrived at a settlement in principle to resolve their disputes in this matter.

Accordingly, the parties respectfully request that all scheduled dates contained in the court’s case management plan and any other dates contained in the court’s prior orders be adjourned sine die.

The parties further respectfully request at least thirty (30) days to submit their bifurcated settlement agreement on the FLSA claims together with a Cheeks letter motion for the Court’s approval of the FLSA settlement only.

Respectfully submitted, /s/ Susan Ghim Susan Ghim, Of Counsel VIA EMAIL TO: Pamela A. Frederick, Esq. /[email protected] Meghan Roe Esq. / [email protected] Avery S. Mehlman Esq. / [email protected] Herrick Feinstein LLP Park Avenue New York, New York 10016 (212) 592-1400 Attorneys for Defendant Medrite Midtown West, LLC