Kearney v. American Sign Language Inc.
- Barbara Moses
- 1:23-cv-04278
- U.S. District Court · Southern District of New York
- 2
In Kearney v. American Sign Language Inc., Judge Moses vacated deadlines and required materials to review the parties’ Fair Labor Standards Act settlement.
Adrienne Kearney, American Sign Language Inc., and their counsel, who were required to submit settlement and fee materials by August 28, 2024.
What happened
Kearney v. American Sign Language Inc. involved a settlement that included a claim under the Fair Labor Standards Act. The parties placed the settlement’s material terms on the record on August 5, 2024, and consented to Judge Moses handling the remaining proceedings.
The court vacated all previously set deadlines and ordered the parties to submit materials by August 28, 2024. Those materials must include a joint letter explaining why the settlement is fair and reasonable, the signed written settlement agreement for the public docket, and, if needed, counsel’s fee agreement and records supporting attorneys’ fees and costs.
Judge Barbara Moses entered the order. The order required the materials so the court could review the settlement; it did not state that the settlement had already been approved or dismiss the case.
The detailed version
- Kearney v. American Sign Language Inc. · No. 1:23-cv-04278
- Barbara Moses
- Aug. 7, 2024
Background
The parties informed the court that they had settled their dispute, including a claim under the Fair Labor Standards Act (FLSA). They placed the material settlement terms on the record on August 5, 2024, and later consented to Magistrate Judge Barbara Moses’s authority over the remaining proceedings under 28 U.S.C. § 636(c).
Because the settlement included an FLSA claim, the court explained that Second Circuit law requires district-court review of the settlement before the parties can dismiss the case with prejudice by joint stipulation. The court therefore required additional information before any such dismissal.
Order
The court vacated all deadlines previously set in the action. It ordered the parties to submit, by August 28, 2024:
- A joint letter explaining why the settlement is fair and reasonable under the factors identified in Wolinsky v. Scholastic Inc.;
- A written settlement agreement executed by all parties, which would be placed on the public docket; and
- Any contingency-fee agreement and counsel’s time and expense records needed to support an award of attorneys’ fees and costs.
The order also stated that any proposed award of fees and costs must be included in the written settlement agreement and signed by the parties. Counsel could file the fee agreement and time and expense records separately. Counsel could request permission to file those documents under seal under the applicable standard.
Disposition
Judge Moses ordered the parties to provide the materials needed for review of the FLSA settlement. The order did not state that the settlement was approved and did not dismiss the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.