Rivera Neri v. Nussbaum
- James Oetken
- 1:18-cv-08321
- U.S. District Court · Southern District of New York
- 1
In Rivera Neri v. Nussbaum, Judge Oetken approved a Fair Labor Standards Act settlement and ordered plaintiffs to file the signed agreement by May 10, 2020.
The plaintiffs and defendants in this FLSA case and the two related cases covered by the proposed settlement.
What happened
In Rivera Neri v. Nussbaum, the parties told the court they had settled this Fair Labor Standards Act wage case and two related cases. They asked the court to approve their proposed settlement.
The proposed settlement totaled $35,000, to be divided proportionally among the plaintiffs for their Fair Labor Standards Act claims. One-third of the settlement, after costs were deducted, would be paid as attorney fees.
Judge Oetken found the settlement fair and reasonable and approved it. Because the agreement had not yet been signed, he ordered the plaintiffs to file the signed agreement by May 10, 2020.
The detailed version
- Rivera Neri v. Nussbaum · No. 1:18-cv-08321
- James Oetken
- Apr. 10, 2020
Background
The court was notified that the parties had reached a settlement in this Fair Labor Standards Act (FLSA) case and two related cases. They submitted a proposed settlement for court approval.
Proposed Settlement
The proposed settlement provided for $35,000 to be allocated proportionally among the various plaintiffs in connection with their FLSA claims. One-third of the settlement amount, after deducting costs, would be collected as attorney fees.
The opinion refers to the proposed settlement submission at Docket Number 61 and states that the proposed settlement approved by the court was at Docket Number 139.
Court’s Ruling
The court reviewed the proposed settlement and found it fair and reasonable under the standard described in Cheeks v. Freeport Pancake House, Inc. The court approved the proposed settlement. Because the plaintiffs’ submission stated that the agreement had not yet been signed, the court directed them to file an executed settlement agreement by May 10, 2020.
Disposition
The proposed FLSA settlement was approved, and the plaintiffs were ordered to file the signed settlement agreement by the stated deadline.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.