Nesbeth v. New York City Management LLC
- John Koeltl
- 1:17-cv-08650
- U.S. District Court · Southern District of New York
- 2
In Nesbeth v. New York City Management LLC, Judge Koeltl ordered the parties to submit materials supporting review of their Fair Labor Standards Act settlement.
The plaintiff and defendants in this Fair Labor Standards Act case, along with their attorneys, must provide the required settlement-review materials.
What happened
Nesbeth v. New York City Management LLC is a case involving one or more claims under the Fair Labor Standards Act. The parties had reached a settlement that required court review.
The court required the parties to file a joint letter-motion by March 26, 2020. They must explain why the settlement is fair and reasonable, including the claims and defenses, possible damages, the strengths and weaknesses of each side’s case, the negotiation process, and other relevant factors. They must also provide information about attorney fees, the fee agreement, actual fees spent, and a copy of the settlement agreement.
Judge John Koeltl ordered the parties to submit these materials; the order did not approve or reject the settlement.
The detailed version
- Nesbeth v. New York City Management LLC · No. 1:17-cv-08650
- John Koeltl
- Mar. 5, 2020
Background
The case includes one or more claims under the Fair Labor Standards Act, a federal law governing certain wages and working conditions. The opinion states that the parties had reached a settlement. Because of the requirements described in Cheeks v. Freeport Pancake House, Inc., the settlement required court review for fairness and reasonableness.
Required submissions
The court ordered the parties to file a joint letter-motion by March 26, 2020. A letter-motion is a written request submitted to the court. The parties 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 claims and the defendants’ defenses; - any factors explaining a difference between the potential value of the claims and the settlement amount; - the litigation and settlement-negotiation process; and - other matters relevant to whether the settlement is reasonable, including 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 spent, and attach the settlement agreement itself.
Disposition
The court ordered submission of the settlement materials. It did not state that it approved or rejected the settlement, and it did not decide the underlying Fair Labor Standards Act claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.