Herrera v. Comme des Garcons

Background

The court received the parties’ letter at Dkt. No. 183 stating that they had reached a settlement in principle. The case includes one or more claims under the Fair Labor Standards Act, a federal law governing matters such as minimum wages and overtime pay. The court therefore required additional review before the settlement could be considered for approval.

Court’s Order

The court adjourned the telephone conference scheduled for October 6, 2025. It directed the parties to file a joint letter-motion by Friday, October 17, 2025, addressing whether the settlement is fair and reasonable under the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc. The required submission must address:

- the claims and defenses; - the defendants’ potential monetary exposure and the basis for calculating it; - the strengths and weaknesses of the plaintiffs’ case and the defendants’ defenses; - any reasons for a difference between the potential value of the plaintiffs’ claims and the settlement amount; - the litigation and negotiation process; and - other relevant issues, including whether a judgment would be collectible if the case went to trial.

The parties must also explain their attorney-fee arrangement, attach any retainer agreement, provide information about the attorneys’ actual fees and costs—including billing records and cost documentation—and attach the settlement agreement itself.

Disposition and Effect

The order did not state that the court approved or rejected the settlement. It required the parties to provide information for the court’s fairness-and-reasonableness review and adjourned the scheduled conference.