Minyety v. Kids Town, Inc.
- Stewart Aaron
- 1:19-cv-05273
- U.S. District Court · Southern District of New York
- 2
In Minyety v. Kids Town, Judge Aaron required a fairness submission for the reported Fair Labor Standards Act settlement and postponed the March 3 conference.
The plaintiff, the defendants, and their attorneys, who must provide information for the court’s review of the settlement.
What happened
In Minyety v. Kids Town, Inc., the parties told the court that they had reached a settlement involving claims under the Fair Labor Standards Act, a federal wage-and-hour law.
The court required the parties to file a joint letter or motion explaining whether the settlement was fair and reasonable. The submission must discuss the claims, defenses, possible damages, the strengths and weaknesses of the case, the settlement negotiations, attorney fees, and the settlement agreement itself.
Judge Stewart D. Aaron set April 3, 2020, as the filing deadline and postponed the telephone conference scheduled for March 3, 2020. The order did not approve or reject the settlement.
The detailed version
- Minyety v. Kids Town, Inc. · No. 1:19-cv-05273
- Stewart Aaron
- Feb. 25, 2020
Background
The opinion states that the case includes one or more claims under the Fair Labor Standards Act. The parties informed the court on July 3, 2018, that they had reached a settlement.
Court’s Analysis
The court cited Cheeks v. Freeport Pancake House, Inc., a Second Circuit decision requiring judicial review of certain Fair Labor Standards Act settlements. The court directed the parties to file a joint letter or motion addressing whether their settlement was fair and reasonable.
The required 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; - any reasons for a difference between the potential value of the claims and the settlement amount; - the litigation and settlement-negotiation process; and - other issues relevant to whether the settlement is reasonable, including whether any judgment would be collectible after trial.
The parties also must explain the 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.
Disposition
Judge Stewart D. Aaron ordered that the joint letter or motion be filed by April 3, 2020. The court also adjourned the telephone conference scheduled for March 3, 2020, without setting a new date. The opinion does not state that the court approved or rejected the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.