Abel v. Hospitality
Victor Abel and Francisco Diaz, on behalf of themselves, FLSA Collective Plaintiffs and the Class v. PMACS Hospitality, LLC, et al.
- Rearden
- 1:25-cv-10311
- U.S. District Court · Southern District of New York
- 1
Counsel of record per CourtListener. Firm names are approximate.
In Victor Abel v. PMACS Hospitality, Judge Rearden entered a $50,000 judgment for fees, costs, and expenses after plaintiffs accepted an offer, and closed the case.
Victor Abel and Francisco Diaz received a $50,000 judgment for attorneys’ fees, costs, and expenses. PMACS Hospitality, LLC is subject to that judgment, and the case was closed.
What happened
In Victor Abel and Francisco Diaz v. PMACS Hospitality, LLC, the defendant made an offer under the federal rule governing offers of judgment. Abel and Diaz accepted the offer through their attorney.
The court entered judgment in favor of Abel and Diaz for $50,000, to pay attorneys’ fees, costs, and expenses in the action. The court directed the Clerk of Court to close the case. The order does not decide the underlying claims.
Judge Jennifer H. Rearden entered the order on July 15, 2026. The court stated that it would not conduct a separate review of the accepted offer under the wage-and-hour statute because the judgment followed an offer under Rule 68.
The detailed version
- Abel v. Hospitality · No. 1:25-cv-10311
- Rearden
- July 15, 2026
Background
PMACS Hospitality, LLC offered under Rule 68 of the Federal Rules of Civil Procedure to allow Victor Abel and Francisco Diaz to take judgment for $50,000. The order states that the amount was payment for attorneys’ fees, costs, and expenses in the action and that the offer was made under PMACS’s Rule 68 Offer of Judgment dated May 12, 2026. Plaintiffs’ attorney confirmed their acceptance on May 15, 2026.
Ruling
The court entered judgment in favor of Abel and Diaz for $50,000, payable as attorneys’ fees, costs, and expenses according to the offer’s terms and conditions. The court cited decisions stating that the Fair Labor Standards Act does not require judicial approval of a Rule 68 offer of judgment and that the court would not conduct a separate review of the offer. The Clerk of Court was directed to close the case.
Effect of the Order
This order resolves the accepted offer and awards the stated amount for fees, costs, and expenses. The opinion does not state that the court decided the merits of the underlying claims or identify any separate award for unpaid wages or damages. Judge Jennifer H. Rearden signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.