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Labor: Fair Standards | New York Southern
Order
ORDER: Accordingly, it is hereby ORDERED that, on or before July 24, 2026, the parties mustsubmit the settlement agreement to the Comt along with a joint letter explaining the basis for theproposed settlement and why, if parties contemplate dism issal under Rule 41, it should be approved as fair and reasonable, with reference to the factors discussed in Wolinsky. See Wolinsky, 900 F. Supp. 2d at 335-36. The letter should also address, if applicable, any incentivepayments to the plaintiff and any attorney's fee award to plaintiffs counsel (with documentationto suppo1t the latter, if appropriate). In the event that the settlement agreement does contain any of these provisions, the parties joint letter should also indicate whether the parties want the Court, in the alternative, to consider for approval the settlement agreement with the provision(s) stricken (in which case, the Court would, absent good cause, docket both the parties joint letter and the settlement agreement itself notwithstanding any confidentiality provision). Cf. Fisher v. SD ProtectionInc., 948 F.3d 593, 606 (2d Cir. 2020) (holding that a district court may approve or reject asettlement of FLSA claims, but may not modify the agreement itself).SO ORDERED. (And as further set forth herein.) SO ORDERED. (Signed by Judge Margaret M. Garnett on 7/14/2026) (jca)
ORDER re: 113 Letter filed by Michael C. Falco, DeFalco Construction Inc, 117 Letter filed by Michael C. Falco, DeFalco Construction Inc, 116 Response, filed by Luis De La Cruz, Nelson Palajuachi, Pablo Saldoviaga, Santos Mendoza, Asael Davila, Alex Zumbana, Holguer Cajambe, Claudio Sanchez, Paul Alvarez, Hugo Sanchez, Jickson Campoverde, Antonio Castro, 112 Letter filed by Michael C. Falco, DeFalco Construction Inc. The Court is in receipt Defendants Defalco Construction and Michael C. Falco's (collectively, "DeFalco Defendants") two letters at Dkt. Nos. 112-13, Plaintiff's subsequent response at Dkt. No. 116, and DeFalco Defendants' reply at Dkt. No. 117. Neither DeFalco Defen dants' letter nor Plaintiff's response requests the Court to take any action. If DeFalco Defendants are indeed seeking action from the Court, they must file a letter motion to compel pursuant to this Court's individual rules. The par ties are reminded that they are required to meet and confer (whether via email, phone, or other means) before raising disputes with the Court. Further, in the event a party files a letter with the Court, any responsive letter be submitted within 3 business days after submission of the initial letter. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 7/8/2026) (ar)
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