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S.D.N.Y.Procedural orderFiled Aug. 26, 2020

OConner v. Agilant Solutions, Inc.

Judge
Sarah Cave
Docket
1:18-cv-06937
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

In OConner v. Agilant Solutions, Judge Cave ordered the parties to file materials addressing whether their Fair Labor Standards Act settlement is fair and reasonable.

Who this affects

The plaintiffs, Agilant Solutions, Inc., and the attorneys involved in the Fair Labor Standards Act settlement were required to provide the ordered information and documents.

What happened

OConner v. Agilant Solutions, Inc. is a case involving claims under the Fair Labor Standards Act, a federal wage law. The plaintiffs sued Agilant Solutions, Inc., which also does business as ASI System Integration, Inc., individually and on behalf of similarly situated people.

The court required the parties to file a joint letter-motion about whether the settlement is fair and reasonable. The filing must discuss the claims and defenses, the possible value of the plaintiffs’ claims, the settlement amount, the strengths and weaknesses of the case, the negotiation process, attorney fees, and the settlement agreement itself.

Judge Sarah L. Cave ordered the parties to submit the joint letter-motion by September 9, 2020. This order required settlement information but did not itself approve or reject the settlement.

The detailed version

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

Case
OConner v. Agilant Solutions, Inc. · No. 1:18-cv-06937
Judge
Sarah Cave
Date
Aug. 26, 2020

Background

The plaintiffs brought claims against Agilant Solutions, Inc., doing business as ASI System Integration, Inc. The case includes one or more claims under the Fair Labor Standards Act. The caption states that the plaintiffs sued individually and on behalf of all others similarly situated.

Order

Because the case involves Fair Labor Standards Act claims, the court required the parties to address whether their settlement is fair and reasonable. The order refers to the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc., which requires court review of certain Fair Labor Standards Act settlements.

The parties were ordered to file a joint letter-motion by September 9, 2020. The filing must address the claims and defenses, Agilant’s potential monetary exposure and the basis for calculating it, the strengths and weaknesses of the plaintiffs’ case and Agilant’s 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, including whether a judgment would be collectible after trial.

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

Disposition

Judge Sarah L. Cave ordered the parties to submit the required settlement materials. The opinion does not state that the court approved or rejected the settlement.

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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