Garibay v. Foradoulas
- Stewart Aaron
- 1:23-cv-05111
- U.S. District Court · Southern District of New York
- 2
In Garibay v. Foradoulas, Judge Aaron required the parties to submit information supporting their proposed Fair Labor Standards Act settlement.
The parties in Garibay v. Foradoulas, including Victor Manual Garibay and the defendants, were required to submit information about their proposed settlement.
What happened
In Garibay v. Foradoulas, the parties reached a settlement in principle during a June 24, 2024 settlement conference. The case includes claims under the Fair Labor Standards Act.
The court required the parties to file a joint letter or motion by July 23, 2024, addressing whether the settlement is fair and reasonable. The filing must discuss the claims and defenses, potential damages, the strengths and weaknesses of the case, the negotiation process, attorney fees, the fee agreement, and the settlement agreement itself.
Judge Stewart D. Aaron also reminded the parties that they must sign a consent form if they want him to conduct all proceedings. The order did not approve or reject the settlement.
The detailed version
- Garibay v. Foradoulas · No. 1:23-cv-05111
- Stewart Aaron
- July 9, 2024
Background
The case includes one or more claims under the Fair Labor Standards Act. During a settlement conference on June 24, 2024, the parties reached a settlement in principle.
Court’s Order
Because the settlement required review under Cheeks v. Freeport Pancake House, Inc., the court ordered the parties to file a joint letter or motion by Tuesday, July 23, 2024. The filing must address whether the proposed settlement is fair and reasonable. The court identified several subjects, including 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, reasons for any difference between the potential value of the claims and the settlement amount, and the litigation and negotiation process. The parties may also address other relevant issues, such as whether a judgment would be collectible if the case proceeded to trial.
The filing must also explain the attorney-fee arrangement, attach the retainer agreement, provide information about the actual attorney fees incurred and the attorneys’ relevant experience, and include the settlement agreement. The court did not state that it approved or rejected the proposed settlement.
Consent to Magistrate-Judge Proceedings
The court reminded the parties that, to consent to all proceedings before Judge Stewart D. Aaron under 28 U.S.C. § 636(c), they must complete and sign the applicable court form. The order set a deadline for the settlement submission but did not specify a separate deadline for the consent form.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.