Moreno v. Della Nona Corp.
- Paul Engelmayer
- 1:18-cv-04488
- U.S. District Court · Southern District of New York
- 2
In Moreno v. Della Nona, Judge Engelmayer stayed deadlines after an FLSA settlement and required submissions for court review.
The parties to the settled Fair Labor Standards Act action, including the plaintiffs and defendants, and their counsel.
What happened
In Moreno v. Della Nona Corp., the parties settled their dispute through mediation, including claims under the Fair Labor Standards Act.
The court stayed all previously set deadlines and ordered the parties to submit their signed settlement agreement, a joint explanation of why it was fair and reasonable, and attorney time and expense records if they sought fees.
Judge Paul A. Engelmayer required these materials by January 8, 2020, and did not approve the settlement in this order.
The detailed version
- Moreno v. Della Nona Corp. · No. 1:18-cv-04488
- Paul Engelmayer
- Dec. 9, 2019
Background
The parties told the court that they had settled their dispute through mediation. The settlement included claims under the Fair Labor Standards Act, a federal law governing matters such as minimum wages and overtime pay.
Court’s orders
The court ordered that all deadlines previously set in the case were stayed. It also ordered the parties to submit the following materials by January 8, 2020:
- A fully signed copy of the written settlement agreement, which would be placed on the public docket. - A joint letter explaining why the agreement was fair and reasonable and should be approved under the factors identified in Wolinsky v. Scholastic Inc. - Counsel’s time and expense records if the parties requested an award of attorney’s fees and costs.
The submissions had to comply with Judge Engelmayer’s individual practices for settling Fair Labor Standards Act cases, including the requirements discussed in Cheeks v. Freeport Pancake House, Inc. and Wolinsky. The order also stated that the parties could consent to proceed before the assigned magistrate judge.
Disposition
This order stayed deadlines and required materials for the court’s review of the settlement. It did not state that the court approved the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.