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S.D.N.Y.Procedural orderFiled Mar. 4, 2020

Ramirez v. QFlorist Inc.

Judge
Sarah Cave
Docket
1:19-cv-07318
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

Ramirez v. QFLORIST INC.: Judge Cave ordered the parties to submit materials supporting review of their Fair Labor Standards Act settlement.

Who this affects

The plaintiff and defendants in the Fair Labor Standards Act case must jointly submit the required settlement materials by March 18, 2020.

What happened

Ramirez v. QFLORIST INC. is a case containing one or more claims under the Fair Labor Standards Act. The court’s order concerns a proposed settlement.

The parties must jointly file a letter-motion explaining whether the settlement is fair and reasonable. The filing must address the claims and defenses, possible damages, the strengths and weaknesses of each side’s case, the negotiation process, attorney fees, and the settlement agreement itself.

Judge Sarah L. Cave ordered the parties to file those materials by March 18, 2020. The order does not decide whether the settlement is fair or reasonable.

The detailed version

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

Case
Ramirez v. QFlorist Inc. · No. 1:19-cv-07318
Judge
Sarah Cave
Date
Mar. 4, 2020

Background

The case includes one or more claims under the Fair Labor Standards Act. The opinion is an order requiring the parties to submit information about a settlement. It cites Cheeks v. Freeport Pancake House, Inc., which requires review of certain Fair Labor Standards Act settlements for fairness and reasonableness.

Required filing

The parties must jointly file a letter-motion by March 18, 2020. The letter-motion must address whether the settlement is fair and reasonable, including:

- the claims and defenses; - the defendants’ possible monetary exposure and the basis for calculating it; - the strengths and weaknesses of the plaintiff’s claims and the defendants’ defenses; - reasons for any difference between the potential value of the claims and the settlement amount; - the litigation and negotiation process; and - other relevant issues, such as whether a judgment would be collectible if the case went to trial.

The parties must also explain the attorney-fee arrangement, attach the retainer agreement, provide information about the attorney fees actually incurred, and attach the settlement agreement.

Ruling

Judge Sarah L. Cave ordered the parties to submit the joint letter-motion and accompanying materials by the stated deadline. The order does not determine whether the settlement is fair or reasonable and does not decide the underlying claims.

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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