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Labor: Fair Standards | New York Eastern
Notice of Settlement
NOTICE of Settlement by Frankie Joe, Mihwa Jo Corp (Lee, Diane)
Scheduling Order
ORDER: The parties report in Dkt. No. 62 that they have reached a settlement in principle. The parties shall file their joint motion for judicial approval of the proposed settlement pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) by August 25, 2026. The Cheeks motion shall include: (1) a fully executed copy of the proposed settlement agreement and any translated copies of the agreement, if applicable; (2) a fairness letter brief (of five pages or less) that includes a fulsome analysis of the factors set forth in Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012) and related cases; and (3) time and billing records and copies of any relevant retainer agreements, if applicable, if attorneys' fees are included in the agreement.
Counsel are encouraged to consider whether they will file a form consenting to reassignment of this case to the undersigned Magistrate Judge for all purposes, including for review of the settlement agreement and to conduct the Cheeks hearing. The consent form can be found here: https://www.nyed.uscourts.gov/sites/default/files/uploads/mjconsentform.pdf. The parties shall advise if they consent to magistrate judge jurisdiction by August 25, 2026. Either party or both parties may withhold consent without adverse substantive consequences.Ordered by Magistrate Judge Joseph A. Marutollo on 8/21/2026. (JAM)
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