Hall v. City of New York

Background

The court stated that it had been advised that the parties reached a settlement in a case brought by Dawn Hall on behalf of herself and others similarly situated against the City of New York. The settlement includes claims under the Fair Labor Standards Act (FLSA). The order does not describe the settlement’s monetary or other terms, and it does not itself approve the settlement.

Court-Ordered Options

The court directed the parties to proceed through one of three alternatives:

1. Court approval for dismissal with prejudice. A dismissal with prejudice permanently ends the FLSA claims. Relying on the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc., the court explained that the parties cannot dismiss FLSA claims with prejudice through the ordinary notice procedure in Federal Rule of Civil Procedure 41(a)(1)(A). They must instead seek court approval under Rule 41(a)(2). Before doing so, the parties were ordered to discuss whether they would consent to having all further proceedings conducted by the assigned magistrate judge. If they did not both consent, they were required to submit a joint motion explaining why the settlement was fair, addressing the factors identified in Wolinsky v. Scholastic Inc., and attaching the settlement agreement. The court also stated that it would not approve settlement agreements containing confidentiality provisions and would require a particularized showing before sealing materials related to its review. Any attorney-fee request would also have to address reasonableness and include detailed attorney time records.

2. Dismissal without prejudice without an FLSA settlement. The parties could submit a stipulation dismissing the FLSA claims without prejudice under Rule 41(a)(1)(A), meaning the claims would not be permanently barred by that dismissal. They would have to certify that there had been no settlement of the FLSA claims. If they could not make that certification, they would have to seek court review of the settlement under the first alternative.

3. Offer of judgment. The parties could resolve the case through an offer and acceptance of judgment under Federal Rule of Civil Procedure 68(a). The court cited Second Circuit authority stating that court approval is not required for a Rule 68(a) offer of judgment in an action involving FLSA claims.

Disposition

The court ordered the parties to submit the appropriate filings by May 1, 2025, depending on which option they chose. The order established procedures for handling the proposed resolution; it did not grant or deny a motion, approve the settlement, dismiss the claims, or enter judgment. Judge Gregory H. Woods signed the order.