Taryn Baldwin v. TMPL Lexington LLC d/b/a TMPL Lexington, Empire Holdings and...

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: _ 9/10/2025 TARYN BALDWIN, Plaintiff, ORDER -against- 23-CV-9899 (HJR) TMPL LEXINGTON LLC d/b/a TMPL LEXINGTON, EMPIRE HOLDINGS AND INVESTMENTS, LLC, and PATRICK WALSH, Defendants.

HENRY J. RICARDO, United States Magistrate Judge.

The Court is in receipt of the parties’ motion for approval of a settlement agreement pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). ECF No. 66. Upon review of the materials submitted in support of the parties’ motion, the Court notes that the attached settlement agreement, ECF No. 66-1, does not address the Plaintiffs claims for unpaid wages (Causes of Action Fourth through Ninth of the Complaint) (the “Wage Claims”). See id. at 1.

Accordingly, by September 24, 2025, counsel is directed to submit a copy of the agreement intended to address the settlement and full resolution of Plaintiff's Wage Claims for Cheeks approval.

As it appears that the parties’ submission of the settlement agreement at ECF No. 66-1 was unintentional, the Court, in an exercise of its “inherent power,” sua sponte strikes ECF No. 66-1 in its entirety. See Lively v. Wayfarer Studios LLC, No. 24-CV-10049, 2025 WL 1410702 (S.D.N.Y. May 15, 2025) (striking filings from docket); see also Roberto Coin, Inc. v. Goldstein, No. 18-CV-4045, 2023 WL 5345901, at *2 (E.D.N_Y. Aug. 21, 2023) (same).

The Clerk of Court is respectfully directed to strike ECF No. 66-1.

SO ORDERED.

Dated: September 10, 2025 New York, New York ° He J. Ricargo United States Magistrate Judge