DiMauro v. 189 Chrystie Street Partners, LP
- John Koeltl
- 1:20-cv-02619
- U.S. District Court · Southern District of New York
- 4
In DiMauro v. 189 Chrystie Street Partners, Judge Koeltl consolidated two related wage cases so the parties could seek settlement approval together.
The consolidation affected the plaintiff and defendants in DiMauro and the parties in the related Ulwick case. It combined the two cases for settlement-approval proceedings but did not itself approve the settlements.
What happened
DiMauro and a separate case brought by Cassandra Ulwick involved former waitstaff employees asserting identical claims against the same defendants under the Fair Labor Standards Act.
The parties jointly asked the court to consolidate the cases so they could submit one request for approval of their settlement agreements. They said the cases had been mediated together and that a global settlement had been reached in principle.
Judge John G. Koeltl granted the joint motion and ordered the DiMauro and Ulwick cases consolidated under Federal Rule of Civil Procedure 42(a)(2). The court also directed the parties to submit the settlement agreements, an explanation of why the settlements were fair and reasonable, and supporting documentation for any attorney-fee request.
The detailed version
- DiMauro v. 189 Chrystie Street Partners, LP · No. 1:20-cv-02619
- John Koeltl
- Sept. 2, 2020
Background
The order addressed two cases: DiMauro v. 189 Chrystie Street Partners, LP, No. 1:20-cv-02619 (JGK), and Ulwick v. 189 Chrystie Street Partners, LP, No. 1:20-cv-02660 (KPF). The parties’ joint letter stated that both actions were brought by former waitstaff employees against 189 Chrystie Street Partners, LP, doing business as The Box NYC; Variety Worldwide, LLC; Simon Hammerstein; Javier Vivas; and other named defendants. The plaintiffs asserted identical claims under the Fair Labor Standards Act.
The parties stated that the two matters had been mediated together through the court’s mediation program on August 13, 2020, and that they reached a global settlement in principle on August 20, 2020. Because settlement approval was required for the Fair Labor Standards Act claims, the parties asked the court to consolidate the cases for purposes of seeking approval of the settlement agreements. They invoked Federal Rule of Civil Procedure 42(a)(2), which permits consolidation when cases share common issues.
Ruling
The court found good cause and granted the joint letter motion to consolidate. It ordered the DiMauro and Ulwick cases consolidated under Rule 42(a)(2). The court’s order did not approve the settlement itself. The accompanying direction required the parties to submit the settlement agreements, an explanation of their fair and reasonable nature, and supporting documentation concerning any request for attorney’s fees by September 25, 2020.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.