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S.D.N.Y.Procedural orderFiled Jan. 15, 2020

Moreno v. Della Nona Corp.

Judge
Paul Engelmayer
Docket
1:18-cv-04488
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaEmploymentCivil Procedure
In one sentence

In Moreno v. Della Nona Corp., Judge Engelmayer approved the parties’ fair and reasonable settlement and closed the case.

Who this affects

Alfonso Moreno, Della Nona Corp., the other defendants, and Moreno’s attorney were affected by the approved settlement and case closure.

What happened

Alfonso Moreno sued Della Nona Corp. and other defendants under the Fair Labor Standards Act and New York Labor Law. The parties submitted a proposed settlement for the court’s review.

The defendants agreed to pay Moreno $20,290.67 and his attorney, Michael Faillace & Associates, $10,709.33 in attorneys’ fees. The court found that the agreement was reached through fair procedures and was fair and reasonable.

Judge Engelmayer approved the settlement agreement and directed the Clerk of Court to close the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Moreno v. Della Nona Corp. · No. 1:18-cv-04488
Judge
Paul Engelmayer
Date
Jan. 15, 2020

Background

This action involved claims under the Fair Labor Standards Act (FLSA) and New York Labor Law. On January 6, 2020, the parties submitted a proposed settlement agreement and a supporting letter.

Settlement terms

Under the agreement, the defendants would pay $20,290.67 to Alfonso Moreno and $10,709.33 in attorneys’ fees to Moreno’s attorney, Michael Faillace & Associates. The court stated that the agreement allocated one-third of the settlement amount, after costs, to counsel as attorneys’ fees.

Ruling

The court concluded that the settlement was reached through procedurally fair means and was fair and reasonable under the standard established in Cheeks v. Freeport Pancake House, Inc. Judge Paul A. Engelmayer approved the agreement and directed the Clerk of Court to close the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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