Suriel v. Mexican Bistro Corp. d/b/a La Catrina Mexican Bistro

Background

Francisco Suriel brought this Fair Labor Standards Act case on behalf of himself and others similarly situated against Mexican Bistro Corp. doing business as La Catrina Mexican Bistro, La Catrina Mexican Grill Corp. doing business as La Catrina Mexican Bistro, and Angel Tejada. The parties reported that they had reached a settlement in principle.

Court’s directives

The court explained that, under Second Circuit law, proposed settlements in Fair Labor Standards Act cases—including proposed awards of attorneys’ fees—must be reviewed to ensure that they are fair. The court ordered the parties to submit a joint letter by June 28, 2024, explaining the basis for the proposed settlement and why it should be approved as fair and reasonable, addressing the factors discussed in Wolinsky v. Scholastic, Inc.

The letter must address any confidentiality provisions, non-disparagement provisions, and releases in the proposed settlement agreement. If the settlement includes an attorneys’ fee award, the parties must also address that award and provide supporting documentation when appropriate. The court stated that merely identifying the proportion of the fee request to the overall settlement amount would not be enough. It required adequate documentation of fees and costs, normally including contemporaneous time records showing each attorney’s date of work, hours spent, and the nature of the work. The court warned that insufficient documentation could lead it to reject the proposed fee award.

Disposition and next steps

The court directed the parties to appear by telephone for a settlement-approval hearing on July 2, 2024, at 4:00 p.m. It requested that Suriel attend and, if necessary, use an interpreter. The court dismissed any pending motions as moot and canceled all other conferences and deadlines, including trial and pretrial deadlines. This order did not approve or reject the settlement; it required further submissions and set a hearing.