Garcia v. Progressive Maintenance LLC
- Gabriel Gorenstein
- 1:19-cv-03518
- U.S. District Court · Southern District of New York
- 1
In Garcia v. Progressive Maintenance LLC, Judge Gorenstein ordered the parties to explain whether their Fair Labor Standards Act settlement was fair and reasonable.
The plaintiffs and defendants in Garcia v. Progressive Maintenance LLC, and their attorneys, were required to provide information about the proposed settlement.
What happened
Garcia v. Progressive Maintenance LLC involves claims under the Fair Labor Standards Act and a proposed settlement between the parties.
The court required the parties to file a joint letter or motion by March 15, 2021, addressing whether the settlement was fair and reasonable. The filing must discuss the claims and defenses, possible damages, the strengths and weaknesses of each side’s case, the settlement process, attorney fees, the retainer agreement, fees actually spent, and the settlement agreement itself.
Judge Gabriel W. Gorenstein issued the order on February 22, 2021. The order required further information about the settlement; it did not state that the court approved or rejected the settlement.
The detailed version
- Garcia v. Progressive Maintenance LLC · No. 1:19-cv-03518
- Gabriel Gorenstein
- Feb. 22, 2021
Background
The case includes one or more claims under the Fair Labor Standards Act. The court cited Cheeks v. Freeport Pancake House, Inc., which requires court review of certain Fair Labor Standards Act settlements for fairness and reasonableness.
Order
The court directed the parties to file a joint letter or motion by March 15, 2021. The filing must address whether the settlement is fair and reasonable, including:
- the claims and defenses; - the defendants’ possible financial exposure and the basis for calculating it; - the strengths and weaknesses of the plaintiffs’ claims and the defendants’ defenses; - reasons for any difference between the possible value of the plaintiffs’ claims and the settlement amount; - the litigation and settlement-negotiation process; and - other relevant issues, such as whether the defendants could pay a judgment after trial.
The filing must also explain the attorney-fee arrangement, include the retainer agreement, provide information about attorney fees actually spent, and include the settlement agreement itself.
Disposition
Judge Gabriel W. Gorenstein issued an order requiring this settlement-related filing. The opinion does not state that the court approved or rejected the settlement.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.