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S.D.N.Y.Procedural orderFiled Nov. 18, 2024

Wynne v. City of New York

Judge
Gabriel Gorenstein
Docket
1:23-cv-09955
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In Wynne v. City of New York, Judge Gorenstein ordered the parties to explain by December 6 whether their Fair Labor Standards Act settlement is fair.

Who this affects

Willis Wynne and the City of New York, as the parties required to submit information about their proposed settlement.

What happened

In Wynne v. City of New York, the court noted that the case includes one or more claims under the Fair Labor Standards Act and that the parties have proposed a settlement.

The court required the parties to file a joint letter or motion addressing whether the settlement is fair and reasonable. The filing must discuss the claims and defenses, potential damages, the strengths and weaknesses of each side, the settlement negotiations, and other relevant issues. It must also include the settlement agreement, the fee arrangement, the retainer agreement, information about attorney fees, and supporting invoices for most requested costs.

Judge Gabriel W. Gorenstein ordered the filing to be submitted by December 6, 2024. The order requires information for the court's review but does not state that the settlement was approved.

The detailed version

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

Case
Wynne v. City of New York · No. 1:23-cv-09955
Judge
Gabriel Gorenstein
Date
Nov. 18, 2024

Background

The case contains one or more claims under the Fair Labor Standards Act, a federal law governing matters such as minimum wages and overtime. The opinion states that the parties have proposed a settlement. Under the Second Circuit's requirements for reviewing settlements in these cases, the court required additional information before evaluating whether the settlement is fair and reasonable.

Required filing

The parties must file either a joint letter or a motion by December 6, 2024. The filing must address:

- the claims and defenses; - the defendant's potential monetary exposure and the basis for calculating it; - the strengths and weaknesses of the plaintiff's case and the defendant's defenses; - any other reasons for a difference between the potential value of the claims and the settlement amount; - the litigation and negotiation process; and - other issues relevant to whether the settlement is reasonable, including whether a judgment could be collected if the case went to trial.

The filing must also disclose the attorney-fee arrangement, attach the retainer agreement, and provide information about the actual attorney fees incurred. Requests for costs or expenses other than the filing fee must be supported by copies of invoices. The parties must attach the settlement agreement itself.

Ruling

Judge Gabriel W. Gorenstein ordered the parties to provide this information by the stated deadline. The order directs the parties to address the proposed settlement's fairness and reasonableness; it does not state that the court approved the settlement.

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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