Barrios v. ICP Jerome LLC
- Vyskocil
- 1:24-cv-04941
- U.S. District Court · Southern District of New York
- 2
In Barrios v. ICP Jerome LLC, Judge Vyskocil ordered the parties to submit information supporting approval of their reported Fair Labor Standards Act settlement.
Candido Barrios and defendants ICP Jerome LLC, QC Gerard LLC, QC Jerome LLC, and Park Avenue South Management LLC; the order requires the parties to provide information for review of their reported settlement.
What happened
Barrios v. ICP Jerome LLC involves claims under the Fair Labor Standards Act. The parties told the court that they had settled and asked to pause the case while they prepared a settlement agreement for approval.
No settlement-approval motion had been filed when the court issued its order. Because the case includes Fair Labor Standards Act claims, court or Department of Labor approval is required before the settlement can take effect.
Judge Mary Kay Vyskocil ordered the parties to submit a joint letter by May 7, 2025. The letter must explain why the settlement is fair and reasonable, describe the attorney-fee arrangement and fees incurred, and include the settlement agreement and retainer agreement.
The detailed version
- Barrios v. ICP Jerome LLC · No. 1:24-cv-04941
- Vyskocil
- Apr. 9, 2025
Background
The court received a January 21, 2025 letter stating that the case had settled. The parties asked the court to adjourn all dates and deadlines indefinitely while they submitted an executed settlement agreement for approval. The order states that no motion for settlement approval had been filed as of April 9, 2025.
The complaint asserts claims under the Fair Labor Standards Act, a federal law governing wages and working conditions. The court stated that approval by either the district court or the United States Department of Labor is required before an agreement resolving those claims can be approved.
Order
The court ordered the parties to submit a joint letter by May 7, 2025, with enough information for the court to evaluate whether the settlement is fair and reasonable. The parties must address:
- the plaintiff’s possible range of recovery; - how the settlement would help the parties avoid expected burdens and expenses in proving their claims and defenses; - the seriousness of the litigation risks faced by both sides; - whether the settlement resulted from arm’s-length bargaining between experienced counsel; and - the possibility of fraud or collusion.
The letter must also address any other issues relevant to whether the settlement is reasonable. In addition, it must explain the attorney-fee arrangement, attach the retainer agreement, and provide details about the attorney fees actually incurred. The settlement agreement itself must accompany the letter or a settlement-approval motion.
The order requires further information but does not approve the settlement or state its terms.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.