Filed: Nov. 26, 2019
Latest Update: Nov. 26, 2019
Summary: ORDER TO SUBMIT SETTLEMENT MATERIALS SARAH L. CAVE , Magistrate Judge . This case contains one or more claims arising under the Fair Labor Standards Act. In light of the requirements of Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), the parties must file a joint Letter-Motion that addresses whether the settlement is fair and reasonable. The parties must file their Letter-Motion by Monday, December 9, 2019, and should address the claims and defenses, the defenda
Summary: ORDER TO SUBMIT SETTLEMENT MATERIALS SARAH L. CAVE , Magistrate Judge . This case contains one or more claims arising under the Fair Labor Standards Act. In light of the requirements of Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), the parties must file a joint Letter-Motion that addresses whether the settlement is fair and reasonable. The parties must file their Letter-Motion by Monday, December 9, 2019, and should address the claims and defenses, the defendan..
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ORDER TO SUBMIT SETTLEMENT MATERIALS
SARAH L. CAVE, Magistrate Judge.
This case contains one or more claims arising under the Fair Labor Standards Act. In light of the requirements of Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the parties must file a joint Letter-Motion that addresses whether the settlement is fair and reasonable.
The parties must file their Letter-Motion by Monday, December 9, 2019, and should address the claims and defenses, the defendants' potential monetary exposure and the bases for any such calculations, the strengths and weaknesses of the plaintiff's case and the defendants' defenses, any other factors that justify the discrepancy between the potential value of plaintiff's claims and the settlement amount, the litigation and negotiation process, as well as any other issues that might be pertinent to the question of whether the settlement is reasonable (for example, the collectability of any judgment if the case went to trial).
The joint Letter-Motion should also explain the attorney fee arrangement, attach a copy of the retainer agreement, and provide information as to actual attorney's fees expended. Finally, a copy of the settlement agreement itself must accompany the joint Letter-Motion.
The Clerk of Court is respectfully directed to mail this order to Defendant Israel Aboutboul at the address below.
SO ORDERED.
