Alvarado Balderramo v. Go New York Tours Inc.

Background

Victor H. Alvarado Balderramo brought a proposed class action under the Fair Labor Standards Act and several New York wage laws against Go New York Tours Inc. and Asen Kostadinov. A proposed class action is a case in which the plaintiff seeks to represent other people with similar claims, but the court has not stated in this order that a class was certified.

The court noted that its earlier decision in this action granted in part and denied in part the parties’ cross-motions for summary judgment. The opinion does not describe the specific claims or issues resolved by that earlier decision.

Settlement Discussions and Order

In April 2023, the parties reported that they were participating in private mediation. In December 2023, they reported that they were preparing a settlement agreement and expected to ask the court to preliminarily approve a class-action settlement. In July 2024, the court asked the parties for an update, including whether they intended to submit the settlement for review under the procedure associated with Cheeks and for approval under Rule 23(e) of the Federal Rules of Civil Procedure. The parties responded that they were finalizing a class-action settlement and preparing a motion for preliminary approval, and that they would seek the required review together with a motion for final approval.

The court stated that there had been no activity in the case since then. It ordered the parties to submit a status letter by April 18, 2025, advising the court how they wished to proceed. This order did not approve or reject any settlement and did not resolve the underlying wage claims.

Disposition

The court entered a status-order directive requiring the parties to file a status letter by April 18, 2025. Judge Edgardo Ramos signed the order on April 11, 2025.