Bello Herrera v. Manna 2nd Avenue LLC
- Gregory Woods
- 1:20-cv-11026
- U.S. District Court · Southern District of New York
- 2
In Bello Herrera v. Manna 2nd Avenue LLC, Judge Woods scheduled a hearing to review the proposed Fair Labor Standards Act settlement.
The plaintiffs, the defendants, and the proposed settlement involving the plaintiffs’ FLSA and NYLL claims are affected. The court scheduled a hearing but did not approve or reject the settlement in this order.
What happened
In Bello Herrera v. Manna 2nd Avenue LLC, the parties asked the court to approve a proposed settlement that would dismiss the plaintiffs’ claims under the Fair Labor Standards Act and New York Labor Law.
The court explained that private settlements of Fair Labor Standards Act claims require approval by the court or the Department of Labor. The court had not yet decided whether this settlement was fair and reasonable.
Judge Gregory H. Woods scheduled a telephone hearing for October 18, 2024, at 3:00 p.m. to review the settlement’s fairness and directed the parties to follow the court’s conference instructions.
The detailed version
- Bello Herrera v. Manna 2nd Avenue LLC · No. 1:20-cv-11026
- Gregory Woods
- Oct. 1, 2024
Background
Plaintiffs Alfredo Bello Herrera and Angelo Bello Silva brought claims on their own behalf and on behalf of others similarly situated against Manna 2nd Avenue LLC, doing business as Gina La Fornarina, and other defendants. The parties submitted a joint letter asking the court to approve a proposed settlement agreement. The settlement would dismiss the plaintiffs’ claims under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) with prejudice.
Court’s Analysis
The court stated that parties cannot privately settle FLSA claims without approval from either the district court or the Department of Labor. Because court approval was requested, the court must review the proposed FLSA settlement to determine whether it is fair and reasonable. The opinion did not make that determination.
Ruling and Next Step
The court scheduled a telephone hearing about the fairness of the proposed settlement for October 18, 2024, at 3:00 p.m. The parties were directed to follow the court’s Individual Rules of Practice in Civil Cases, including the instructions in Rule 2(C).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.