David v. New York Foundling Charitable Corporation
- Katharine Parker
- 1:19-cv-01087
- U.S. District Court · Southern District of New York
- 2
In David v. New York Foundling, Judge Parker approved the settlement and discontinued the case with prejudice and without costs, allowing restoration within 30 days if paperwork was incomplete.
Rachel David and New York Foundling Charitable Corporation were affected by the court-approved settlement and the order discontinuing the action.
What happened
Rachel David sued New York Foundling Charitable Corporation under the Fair Labor Standards Act and New York Labor Law. The parties agreed in principle to resolve the case and submitted their proposed settlement to the court.
The court reviewed the proposed settlement for fairness and approved it. The opinion does not provide the settlement’s terms.
In David v. New York Foundling Charitable Corporation, Judge Katharine H. Parker discontinued the action with prejudice and without costs. Plaintiff could ask to restore the case within 30 days if any written settlement documentation was not completed, and the clerk was directed to close the case.
The detailed version
- David v. New York Foundling Charitable Corporation · No. 1:19-cv-01087
- Katharine Parker
- Jan. 16, 2020
Background
Rachel David brought this action against New York Foundling Charitable Corporation under the Fair Labor Standards Act and the New York Labor Law. The parties consented to the court’s authority to decide the case under 28 U.S.C. § 636(c). After reaching an agreement in principle, they submitted a proposed settlement for judicial approval.
Settlement Approval
The court stated that settlements under the Fair Labor Standards Act require judicial fairness review. The court approved the parties’ settlement for the reasons stated on the record on January 10, 2020. The opinion does not state the settlement’s terms.
Disposition
Because the settlement was approved, the court ordered that the action be discontinued with prejudice and without costs. The order provided that, within 30 days, David could apply by letter to restore the action to the court’s active calendar if any part of the settlement’s written documentation was not completed. The clerk was directed to close the case on the court’s docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.