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S.D.N.Y.Procedural orderFiled Aug. 29, 2024

Balbuena Rueda v. 980 Columbus Food Corp.

Judge
Sarah Netburn
Docket
1:22-cv-09587
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaFee PetitionCivil Procedure
In one sentence

In Balbuena Rueda v. 980 Columbus Food Corp., Judge Netburn required plaintiffs’ counsel to disclose any settlement-based attorneys’ fees by September 4, 2024.

Who this affects

Plaintiffs’ counsel must provide the court with information about any attorneys’ fees to be paid from the proposed settlement.

What happened

Balbuena Rueda v. 980 Columbus Food Corp. is a Fair Labor Standards Act case in which the parties submitted a proposed settlement for court review.

The court explained that this review includes checking whether the attorneys’ fees and costs are reasonable. The proposed agreement did not state the agreed attorneys’ fee amount.

Judge Sarah Netburn ordered plaintiffs’ counsel to file a letter by September 4, 2024, stating whether counsel would receive fees from the settlement and, if so, how much.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Balbuena Rueda v. 980 Columbus Food Corp. · No. 1:22-cv-09587
Judge
Sarah Netburn
Date
Aug. 29, 2024

Background

The case is brought under the Fair Labor Standards Act. The parties submitted a proposed settlement agreement for the court’s review. The opinion cites the requirement that courts review these settlements for fairness, including the reasonableness of attorneys’ fees and costs.

Issue

The proposed settlement agreement did not state the amount of attorneys’ fees agreed upon by the parties. Without that information, the court could not complete its review of the fee arrangement.

Order

The court ordered plaintiffs’ counsel to file a letter by September 4, 2024, stating whether counsel would recover attorneys’ fees from the settlement agreement and, if so, identifying the amount. The order does not state that the settlement was approved or rejected.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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