Tavera v. 18 Greenwich Avenue, LLC

Background

The plaintiff, Victor Gonzalez Tavera, sued 18 Greenwich Avenue, LLC, and other defendants. The opinion states that the case contains one or more claims under the Fair Labor Standards Act. The parties consented on December 13, 2019, to have all proceedings conducted before Magistrate Judge Stewart D. Aaron. They later informed the court that they had reached a settlement.

Court’s directive

Because Fair Labor Standards Act settlements require court review for fairness and reasonableness under the cited Second Circuit decision, Cheeks v. Freeport Pancake House, Inc., the court ordered the parties to file a joint letter or motion by January 24, 2020. The submission 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, reasons for any difference between the potential value of the claims and the settlement amount, and the litigation and negotiation process. It may also address other relevant issues, such as whether a judgment would be collectible if the case went to trial.

The parties must also explain their attorney-fee arrangement, attach the retainer agreement, provide information about the actual attorney fees incurred and the attorneys’ relevant experience, and attach the settlement agreement. The order does not state that the court approved or rejected the settlement.

Disposition

Judge Stewart D. Aaron adjourned the initial pretrial conference scheduled for January 14, 2020, with no new date set. The order therefore required further settlement-review materials and adjourned the scheduled conference; it did not enter a final ruling on the settlement’s fairness.