Sierra v. Alma Realty Corp.
- Lewis Liman
- 1:19-cv-08455
- U.S. District Court · Southern District of New York
- 1
In Sierra v. Alma Realty Corp., Judge Liman scheduled a hearing to review the parties’ Fair Labor Standards Act settlement for fairness.
The order affected Cesar Sierra, Alma Realty Corp., the other defendants, and the parties’ proposed settlement, including any proposed attorney-fee award.
What happened
In Sierra v. Alma Realty Corp., the parties told the court that they had reached a settlement. The case was brought under the Fair Labor Standards Act, a federal law governing certain wage and hour matters.
The court explained that the settlement, including any proposed attorney-fee award, must be reviewed for fairness under current Second Circuit law. The opinion did not approve the settlement.
Judge Lewis J. Liman scheduled a settlement-approval hearing for February 17, 2021, instead of the previously scheduled post-discovery conference. The parties were ordered to appear by telephone, and Cesar Sierra was ordered to attend.
The detailed version
- Sierra v. Alma Realty Corp. · No. 1:19-cv-08455
- Lewis Liman
- Feb. 4, 2021
Background
Cesar Sierra brought this action against Alma Realty Corp. and other defendants under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. The parties informed the court that they had reached a settlement.
Court’s Review of the Settlement
The court stated that, under current Second Circuit law, settlements in Fair Labor Standards Act cases—including any proposed award of attorney fees—must be scrutinized to ensure that they are fair. The opinion cited Fisher v. SD Protection Inc. and Cheeks v. Freeport Pancake House, Inc. The court did not rule on whether the settlement was fair or approve it in this order.
Order
The court scheduled a settlement-approval hearing for February 17, 2021, at 3:00 p.m. The hearing was to take place instead of the post-discovery status conference previously scheduled for that date. The parties were directed to appear by telephone, and Cesar Sierra was directed to appear at the hearing. The court provided a telephone number and access code for the hearing.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.