Crawford v. Nails on 7th by Jenny Inc.
- Gabriel Gorenstein
- 1:18-cv-09849
- U.S. District Court · Southern District of New York
- 1
In Crawford v. Nails on 7th, Judge Gorenstein ordered the parties to explain whether their Fair Labor Standards Act settlement is fair and reasonable.
Beverly Crawford and the defendants, including Nails on 7th by Jenny Inc., are required to submit a joint filing and settlement materials to the court.
What happened
In Beverly Crawford v. Nails on 7th by Jenny Inc., et al., the court noted that the case includes one or more claims under the Fair Labor Standards Act.
The court ordered the parties to file a joint letter or motion by December 3, 2020, addressing whether their settlement is fair and reasonable. The filing must discuss the claims and defenses, possible damages, the strengths and weaknesses of each side’s case, the litigation and settlement process, attorney-fee arrangements, the retainer agreement, and actual attorney fees. The parties must also attach the settlement agreement.
Judge Gabriel W. Gorenstein issued this order requiring information for review of the settlement. The order did not approve or reject the settlement.
The detailed version
- Crawford v. Nails on 7th by Jenny Inc. · No. 1:18-cv-09849
- Gabriel Gorenstein
- Nov. 19, 2020
Background
The case includes one or more claims under the Fair Labor Standards Act, a federal law governing matters such as minimum wages and overtime. The opinion refers to a settlement and requires the parties to provide information so the court can evaluate whether that settlement is fair and reasonable.
Required filing
The court required the parties to file a joint letter or motion by December 3, 2020. The filing must address:
- the claims and defenses; - the defendants’ potential monetary exposure and the basis for calculating it; - the strengths and weaknesses of the plaintiff’s case and the defendants’ defenses; - any reasons for a difference between the potential value of the plaintiff’s claims and the settlement amount; - the litigation and negotiation process; and - any other issues relevant to whether the settlement is reasonable, including whether a judgment could be collected if the case went to trial.
The parties also must explain the attorney-fee arrangement, attach the retainer agreement, provide information about actual attorney fees incurred, and attach the settlement agreement itself.
Ruling and effect
Judge Gabriel W. Gorenstein entered an order requiring the joint filing and supporting materials. The opinion does not state that the court approved or rejected the settlement, and it does not resolve the underlying Fair Labor Standards Act claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.