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S.D.N.Y.Procedural orderFiled May 29, 2020

Wu v. Lan Sheng Szechuan Food Inc

Judge
John Koeltl
Docket
1:19-cv-02632
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In Wu v. Lan Sheng Szechuan Food Inc., Judge Gorenstein directed the parties to seek approval of their settled Fair Labor Standards Act claims.

Who this affects

Gang Wu, Lan Sheng Szechuan Food Inc., and the other defendants are affected because their settlement required an approval application before the case could proceed under the order.

What happened

In Wu v. Lan Sheng Szechuan Food Inc., the parties reached a settlement during a May 8, 2020 conference before the court. The case included claims under the Fair Labor Standards Act, a federal wage-and-hour law.

Because of those claims, the court said the settlement required approval under a federal appeals court decision. The order did not approve or reject the settlement.

United States Magistrate Judge Gabriel W. Gorenstein directed the parties to apply for approval from District Judge John Koeltl by June 19, 2020, following any applicable court procedures.

The detailed version

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

Case
Wu v. Lan Sheng Szechuan Food Inc · No. 1:19-cv-02632
Judge
John Koeltl
Date
May 29, 2020

Background

The parties reached a settlement at a conference held before the court on May 8, 2020. The opinion states that the case included one or more claims under the Fair Labor Standards Act, a federal law governing certain wages and working conditions.

Settlement approval

The court stated that the settlement had to be approved under Cheeks v. Freeport Pancake House, Inc., a 2015 decision of the United States Court of Appeals for the Second Circuit. The order directed the parties to submit an approval application to District Judge John Koeltl by June 19, 2020, and to follow any applicable procedures in Judge Koeltl's individual practices. The order also stated that the parties could consent to have the action decided by Magistrate Judge Gorenstein by completing a consent form.

Disposition

Judge Gorenstein did not approve or reject the settlement in this order. He directed the parties to seek approval from District Judge Koeltl by the stated deadline. If the case were reassigned, the same deadline would apply unless an extension were granted.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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