Alongis v. Arby's Restaurant Group, Inc.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Joseph Alongis, on behalf of himself and all others similarly
situated,
Plaintiff,
-v-
Arby’s Restaurant Group, Inc.,
Defendant.
2:23-cv-6593
(NJC) (LGD)
ORDER
NUSRAT J. CHOUDHURY, United States District Judge:
The Court has been advised that all claims asserted herein have been settled in principle.
(Elec. Order, Dec. 8, 2025.) The above-entitled action is therefore DISMISSED and discontinued
without costs, and without prejudice to the right to reopen the action by January 5, 2026 if the
settlement is not consummated. To be clear, any application to reopen must be filed by the
aforementioned deadline; any application to reopen filed thereafter may be denied solely on that
basis. Further, requests to extend the deadline to reopen are unlikely to be granted.
If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any
settlement agreement, they must submit the settlement agreement to the Court by the deadline to
reopen to be “so ordered” by the Court. Per the Court’s Individual Rule 10, unless the Court
orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it
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is made part of the public record. Any pending motions are dismissed as moot. All conferences
are cancelled. The Clerk of Court is directed to close the case.
Dated: Central Islip, New York
December 9, 2025
/s/ Nusrat J. Choudhury
NUSRAT J. CHOUDHURY
United States District Judge
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