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Contract: Other | New York Eastern
Order on Motion for Extension of Time to File
Order re: 44 First MOTION for Extension of Time to File (the "Motion"). In light of the Motion's request for an additional adjournment to provide for continued settlement discussions, the Motion is GRANTED to the extent the Parties shall submit a Status Report advising the Court of the state of settlement discussions by no later than November 15, 2026. So Ordered by Judge Joanna Seybert on 9/15/2026. (CG)
Labor: Fair Standards | New York Southern
Order
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT On August 12, 2026, Plaintiffs M. Mostayen Faysal ("Faysal") and Sudan Osorio ("Osorio"), on behalf of themselves and the proposed Class (collective ly, "Plaintiffs"), filed a motion for preliminary approval of their Settlement with Defendant Breezy Point Cooperative, Inc. ("Breezy Point" or "Defendant") (together with Plaintiffs, the "Parties"). In doing so, Plaintiffs requested certification of a Federal Rule of Civil Procedure 23 ("Rule 23") class action and final certification of the FLSA collective action, for settlement purposes only, and sought approval of a settlement on behalf o f these putative class members ("Class Members"). The Court has considered Plaintiffs request for approval of a Rule 23 class pursuant to Rule 23(e) and collective certification for settlement purposes only, and the Breezy Point Settlemen t Agreement and Release ("Breezy Point Agreement"), filed in its final form on August 12, 2026, and the Declaration of Innessa M. Huot ("Huot Decl."), and hereby finds and orders as follows: Preliminary Approval of Settlement 1. Unless otherwise defined herein, all terms used in this Order (the "Preliminary Approval Order") will have the same meaning as defined in the Breezy Point Agreement, filed on August 12, 2026. As further set forth in this Order, The Co urt will conduct a Fairness Hearing pursuant to Rule 23(e)(2) on March 2, 2027 at 10:00 a.m. ET, Courtroom 18A, 500 Pearl Street, New York, NY 10007 for the purposes of: (a) hearing any timely and properly filed objections; (b) making a final dete rmination as to the fairness, adequacy, and reasonableness of the Breezy Point Agreement terms and procedures; (c) fixing the amount of attorneys fees and litigation costs and expenses to Class Counsel and the service payments to Plaintiffs Faysal an d Osorio; and (d) entering Judgment, if appropriate. The Fairness Hearing may be continued without further notice to the Class Members. Plaintiffs shall file their motion for final approval of the Breezy Point Settlement, and Class Counsel shall file their motion for attorneys fees and litigation costs and expenses, and service payments within 150 days of this Order. (And as further set forth herein.) IT IS SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 9/15/2026) (ar)
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