Widmer v. Scale Facilitation
- Stewart Aaron
- 1:23-cv-09482
- U.S. District Court · Southern District of New York
- 2
In Widmer v. Scale Facilitation, Judge Aaron required a filing explaining whether the parties’ Fair Labor Standards Act settlement is fair and reasonable.
The plaintiffs, defendants, and their attorneys in this Fair Labor Standards Act case must provide the information and documents required for the court’s settlement review.
What happened
In Nicole Widmer, et al. v. Scale Facilitation, et al., the parties reached a settlement in a case involving claims under the Fair Labor Standards Act and agreed to have the case handled by Judge Stewart D. Aaron.
The court required the parties to file a joint letter or motion by September 20, 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 settlement amount, and the negotiation process.
Judge Stewart D. Aaron also required information about the attorneys’ fee arrangement, the retainer agreement, fees actually incurred, the attorneys’ experience, and a copy of the settlement agreement. The order did not approve or reject the settlement.
The detailed version
- Widmer v. Scale Facilitation · No. 1:23-cv-09482
- Stewart Aaron
- Aug. 30, 2024
Background
The case includes one or more claims under the Fair Labor Standards Act, a federal law governing matters such as minimum wages and overtime. The parties reached a settlement agreement on August 20, 2024, and later consented to have all proceedings handled by United States Magistrate Judge Stewart D. Aaron.
Court’s Order
Because federal courts in the Second Circuit must review Fair Labor Standards Act settlements for fairness and reasonableness, the court ordered the parties to file a joint letter or motion by Friday, September 20, 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 plaintiffs’ 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. It should also address any other relevant issue, including whether a judgment would be collectible if the case went to trial.
The filing must further explain the attorneys’ fee arrangement, include the retainer agreement, provide information about the attorneys’ fees actually spent and the attorneys’ relevant experience, and attach the settlement agreement itself.
Disposition
The court ordered the parties to submit the specified joint letter or motion. The opinion does not approve or reject the settlement and does not state the settlement’s terms or amount.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.