Cordero v. The Table at Redeye Inc.
- Gabriel Gorenstein
- 1:24-cv-00144
- U.S. District Court · Southern District of New York
- 1
In Cordero v. The Table at Redeye, Magistrate Judge Gorenstein ordered the parties to explain whether their proposed Fair Labor Standards Act settlement is fair and reasonable.
The parties in the Fair Labor Standards Act case, including Joseph Cordero and The Table at Redeye Inc. and the other named defendants, must provide the required settlement information.
What happened
Cordero v. The Table at Redeye Inc. is a case containing one or more claims under the Fair Labor Standards Act, a federal law governing matters such as wages and working hours. The parties had proposed a settlement.
The court required the parties to file a joint letter or motion addressing whether the settlement is fair and reasonable. The filing must discuss the claims and defenses, potential damages, the strengths and weaknesses of each side’s position, the negotiation process, and any reasons for a difference between the claims’ possible value and the settlement amount. It must also include the fee agreement, retainer agreement, information about actual attorney fees, supporting invoices for requested costs other than the filing fee, and the settlement agreement itself.
Magistrate Judge Gabriel W. Gorenstein ordered the filing by July 2, 2024. The order did not approve or reject the proposed settlement.
The detailed version
- Cordero v. The Table at Redeye Inc. · No. 1:24-cv-00144
- Gabriel Gorenstein
- June 18, 2024
Background
The case includes one or more claims under the Fair Labor Standards Act. The parties proposed a settlement. The court cited Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and required the parties to provide information allowing the court to evaluate whether the settlement is fair and reasonable.
Required Filing
The court ordered the parties to file a joint letter or motion by July 2, 2024. The filing must address:
- the claims and defenses; - the defendants’ potential monetary exposure and the basis for calculating it; - the strengths and weaknesses of the plaintiff’s case and the defendants’ defenses; - any other reasons for a difference between the potential value of the plaintiff’s claims and the settlement amount; - the litigation and negotiation process; and - any other matters relevant to whether the settlement is reasonable, including whether a judgment would be collectible if the case went to trial.
The parties must also disclose their attorney-fee arrangement, attach the retainer agreement, and provide information about actual attorney fees incurred. Requests for costs or expenses other than the filing fee must be supported by invoices. A copy of the settlement agreement must accompany the joint letter or motion.
Disposition
The court ordered the parties to make the required filing. The opinion does not state that the court approved or rejected the settlement.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.