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Labor: Fair Standards | New York Eastern
Scheduling Order
SCHEDULING ORDER: An in-person Initial Conference will be held on 10/27/2026 at 11:15am before Magistrate Judge Lara K. Eshkenazi in Courtroom 13B South. The parties are directed to review Judge Eshkenazi's Individual Rules and to complete the Proposed Discovery Plan and Scheduling Order located on the Court's website and electronically file same with the Court no later than 10/20/2026. So Ordered by Magistrate Judge Lara K. Eshkenazi on 9/25/2026. (MED)
Order Adopting Report and Recommendations Order on Motion for Settlement Order on Report and Recommendations
ORDER ADOPTING REPORT AND RECOMMENDATIONS AND GRANTING 40 Motion for Settlement -- To date, no objections have been made to the Report and Recommendations ("R&R") issued on September 9, 2026, by the Hon. Peggy Kuo, U.S.M.J., recommending approval of the settlement agreement between Plaintiff and Defendants Delicias Calenas 95th Inc., Delicias Calenas 73rd Inc., Delicias Calenas #2, Inc., and Ingrid Bedoya Moreno (collectively, the "Settling Defendants") in this Fair Labor Standards Act, 29 U.S.C. Section 201 et. seq., case. See, Electronic Order dated Sep. 9, 2026. Upon due consideration and review of the R&R for clear error and finding none, the R&R is adopted in its entirety. The Court finds that the settlement agreement was made at arms length and without undue duress on any party.
Accordingly, the settlement agreement between Plaintiff and the Settling Defendants is APPROVED. Plaintiff is granted $17,500,which shall be allocated as follows: (1) $11,403.18 to Plaintiff and (2) $6,096.82 to Cilenti & Cooper, PLLC for attorneys' fees and costs. The Court declines to retain jurisdiction to enforce the terms of the settlement agreement. The stipulation of dismissal at Dkt. Entry No. [40-3] is SO ORDERED, and this action is dismissed with prejudice as to the Settling Defendants only. The action will continue as to Defendants Grano de Cafe Bakery & Restaurant Inc., Grano de Cafe Dyckman Corp., Jorge Cano Moreno, and William Barona. SO ORDERED by Judge Dora Lizette Irizarry on 9/25/2026. (CC)
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