Valdez Moronta v. E & M Food Market Corp.
- Paul Engelmayer
- 1:19-cv-04289
- U.S. District Court · Southern District of New York
- 2
In Valdez Moronta v. E&M Food Market Corp., Judge Engelmayer paused deadlines after a reported settlement and ordered filings for possible approval.
The plaintiffs and defendants in the wage-and-hour case, and their counsel, were required to follow the order’s settlement-submission requirements.
What happened
In Valdez Moronta v. E&M Food Market Corp., a mediator told the court that the parties had settled their dispute, including claims under the Fair Labor Standards Act and New York Labor Law.
The court adjourned all previously set deadlines indefinitely. It ordered the parties to submit their signed settlement agreement, a joint explanation of why the agreement was fair and reasonable, and counsel’s time and expense records if fees and costs were requested, all by May 4, 2020.
Judge Paul A. Engelmayer also said the submissions had to follow the court’s rules for reviewing Fair Labor Standards Act settlements, unless the parties agreed to proceed before the assigned magistrate judge. This order required submissions but did not itself approve the settlement.
The detailed version
- Valdez Moronta v. E & M Food Market Corp. · No. 1:19-cv-04289
- Paul Engelmayer
- Apr. 20, 2020
Background
The court was advised by the mediator that the parties had settled the dispute. The opinion identifies claims under the Fair Labor Standards Act (FLSA), a federal wage-and-hour law, and the New York Labor Law.
Order
The court ordered that all deadlines previously set in the action were adjourned indefinitely. It required the parties to submit, by May 4, 2020:
- A fully signed written settlement agreement, which would be placed on the public docket; - A joint letter explaining why the agreement was fair and reasonable under the factors identified in Wolinsky v. Scholastic Inc.; and - Counsel’s time and expense records if the parties requested an award of attorneys’ fees and costs.
The submissions had to comply with the court’s Individual Rules of Practice in Civil Cases, including the provisions directing parties settling FLSA cases to the standards discussed in Cheeks v. Freeport Pancake House, Inc. and Wolinsky. The parties could instead consent to proceed before the assigned magistrate judge by submitting the required consent form.
Disposition
Judge Paul A. Engelmayer ordered the deadlines adjourned indefinitely and required the settlement-related submissions. The order did not approve the settlement itself.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.