Mariano v. Atlantic Management NY Inc

Background

The parties reached a settlement in principle. The case was brought under the Fair Labor Standards Act, a federal law governing wages and working hours. The opinion does not state the proposed settlement’s terms.

Court’s directions

The court explained that, under Second Circuit law, it must review the proposed settlement—including any proposed attorney’s fee award—to determine whether it is fair. The court ordered the parties to submit a joint letter by June 21, 2024, explaining the basis for the proposed settlement and why it should be approved as fair and reasonable. The letter must address the factors identified in Wolinsky v. Scholastic, Inc., and must discuss any confidentiality, non-disparagement, or release provisions.

If the proposed settlement includes an attorney’s fee award, the parties must also address that award and provide supporting documentation when appropriate. The court stated that merely comparing the requested fee with the total settlement amount is insufficient. The fee request should ordinarily be supported by contemporaneous time records showing, for each attorney, the date, hours worked, and nature of the work. Insufficient documentation could lead the court to reject the proposed fee award.

Hearing and disposition

The court directed the parties to appear by telephone for a settlement-approval hearing on June 25, 2024, at 4:00 p.m. Manuel Mariano was requested to attend, with an interpreter if necessary. The court dismissed any pending motions as moot, meaning the motions no longer required a ruling, and canceled all other conferences and deadlines, including trial and pretrial deadlines. This order did not approve the settlement itself.