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S.D.N.Y.Procedural orderFiled Sept. 20, 2024

Dzogovic v. La Grande Boucherie LLC

Judge
Stewart Aaron
Docket
1:23-cv-08897
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

In Dzogovic v. La Grande Boucherie LLC, Judge Aaron required a joint filing explaining whether the Fair Labor Standards Act settlement is fair and reasonable.

Who this affects

Jasmin Dzogovic, La Grande Boucherie LLC, The Group US Management LLC, and Emil Stefkov, whose proposed settlement must be submitted for fairness review.

What happened

Jasmin Dzogovic sued La Grande Boucherie LLC, The Group US Management LLC, and Emil Stefkov in a case involving one or more Fair Labor Standards Act claims. After a September 17, 2024 settlement conference, the parties reached a settlement in principle and agreed to have all proceedings before the court.

The court required the parties to file a joint letter or motion by October 4, 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, and reasons for any difference between the claims’ potential value and the settlement amount.

Judge Stewart D. Aaron also required information about the attorneys’ fees, a copy of the fee agreement, information about fees incurred and the attorneys’ experience, and a copy of the settlement agreement. The order did not state that the settlement was approved.

The detailed version

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

Case
Dzogovic v. La Grande Boucherie LLC · No. 1:23-cv-08897
Judge
Stewart Aaron
Date
Sept. 20, 2024

Background

Jasmin Dzogovic brought this action against La Grande Boucherie LLC, The Group US Management LLC, and Emil Stefkov. The court stated that the case contains one or more claims under the Fair Labor Standards Act, a federal law governing certain wage and hour rights. The parties participated in a settlement conference before the court on September 17, 2024, and reached a settlement in principle. They later consented to have all proceedings handled by the court.

Required settlement filing

Because Fair Labor Standards Act settlements require court review for fairness under the cited precedent, the court ordered the parties to file a joint letter or motion addressing whether their settlement is fair and reasonable. The filing is due Friday, October 4, 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 Dzogovic’s case and the defendants’ defenses, and any factors explaining a difference between the potential value of the claims and the settlement amount. It also must describe the litigation and negotiation process and any other relevant issues, including the possible collectability of a judgment if the case proceeded to trial.

Attorney fees and settlement agreement

The parties must explain the attorney-fee arrangement, attach the retainer agreement, provide information about the actual attorney fees incurred and the attorneys’ relevant experience, and attach the settlement agreement itself.

Disposition

Judge Stewart D. Aaron ordered the parties to make this joint submission. The opinion does not state that the settlement was approved or rejected.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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