Emmanuel De Jesus Perez Rivera v. National Packing Corp. et al.

Background

The court stated that the case contains one or more claims under the Fair Labor Standards Act. The parties proposed a settlement. Under the requirements discussed in Cheeks v. Freeport Pancake House, Inc., the proposed settlement must be reviewed for fairness and reasonableness.

Required Filing

The court ordered the parties to file a joint letter or motion by October 24, 2025. The filing must address:

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

The filing must also disclose the attorney-fee arrangement, include 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 invoices. The parties must attach the settlement agreement itself.

Disposition

Judge Gabriel W. Gorenstein ordered the parties to submit the required joint letter or motion. The order did not approve or reject the settlement and did not decide the underlying Fair Labor Standards Act claims.