Daniel Perez v. 82nd Street Grocery Inc.
- Sarah Cave
- 1:20-cv-04955
- U.S. District Court · Southern District of New York
- 2
In Perez v. 82nd Street Grocery, Judge Cave ordered the parties to submit materials for review of their Fair Labor Standards Act settlement.
The parties and their attorneys were required to submit a joint letter-motion and supporting settlement materials by October 20, 2020.
What happened
Jorge Daniel Perez sued 82nd Street Grocery Inc., doing business as West 82nd Grocery Inc., and others. The opinion states that the case includes one or more claims under the Fair Labor Standards Act.
Because those claims are covered by a rule requiring court review of settlements, the parties had to submit a joint letter-motion explaining whether their settlement was fair and reasonable. The court set a deadline of October 20, 2020.
Judge Sarah L. Cave ordered the parties to provide information about the claims, defenses, possible damages, settlement negotiations, attorney-fee arrangements, and the settlement agreement itself. The order did not approve or reject the settlement.
The detailed version
- Daniel Perez v. 82nd Street Grocery Inc. · No. 1:20-cv-04955
- Sarah Cave
- Oct. 6, 2020
Background
The case includes one or more claims under the Fair Labor Standards Act. The opinion identifies Jorge Daniel Perez as the plaintiff and 82ND STREET GROCERY INC., doing business as WEST 82ND GROCERY INC., and others as defendants.
Order
The court cited 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 October 20, 2020, addressing whether their settlement was fair and reasonable.
The required submission had to discuss the claims and defenses, the defendants’ possible monetary exposure and the calculations supporting it, the strengths and weaknesses of the plaintiff’s case and the defendants’ 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 had to explain the attorney-fee arrangement, attach any retainer agreement, provide records showing actual attorney fees expended, and attach the settlement agreement.
Disposition
This was an order directing the parties to submit settlement materials; it did not approve or reject the settlement or decide the underlying claims. Judge Sarah L. Cave issued the order on October 6, 2020.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.