Conde v. ROM Grocery Corp.
- Stewart Aaron
- 1:20-cv-02086
- U.S. District Court · Southern District of New York
- 2
In Conde v. ROM Grocery Corp., Magistrate Judge Aaron required the parties to submit settlement details for fairness review in this Fair Labor Standards Act case.
The parties to the Fair Labor Standards Act case—Felipe Conde, the proposed group of similarly situated individuals, ROM Grocery Corp. doing business as Bagels & Schmear, and the other defendants—were required to submit information for court review of their settlement.
What happened
Conde v. ROM Grocery Corp. is a Fair Labor Standards Act case brought by Felipe Conde for himself and others similarly situated. The parties told the court that they had reached a settlement, and they agreed that Magistrate Judge Stewart D. Aaron would handle all proceedings.
The court required the parties to file a joint letter or motion explaining whether the settlement is fair and reasonable. The filing must discuss the claims and defenses, the possible value of the plaintiff’s claims, the settlement amount, the strengths and weaknesses of each side’s case, and the settlement negotiations.
Magistrate Judge Aaron also required information about attorney fees, a copy of the fee agreement, and the settlement agreement itself. He ordered the filing by March 29, 2021; this order did not approve or reject the settlement.
The detailed version
- Conde v. ROM Grocery Corp. · No. 1:20-cv-02086
- Stewart Aaron
- Mar. 15, 2021
Background
The case includes one or more claims under the Fair Labor Standards Act. Felipe Conde brought the case on behalf of himself and others similarly situated against ROM Grocery Corp., doing business as Bagels & Schmear, and other defendants. The parties informed the court on March 5, 2021, that they had reached a settlement. They later consented to have all proceedings handled by Magistrate Judge Stewart D. Aaron.
Order
The court cited the requirements of Cheeks v. Freeport Pancake House, Inc. and required the parties to file a joint letter or motion addressing whether their settlement is fair and reasonable. The court set a filing deadline of Monday, March 29, 2021.
Required information
The parties’ filing must address the claims and defenses, the defendants’ potential financial exposure and the basis for calculating it, the strengths and weaknesses of the plaintiff’s case and the defendants’ defenses, and any factors explaining a difference between the possible value of the claims and the settlement amount. It must also describe the litigation and negotiation process and address other relevant issues, such as whether a judgment would be collectible if the case went to trial.
The filing must explain the attorney-fee arrangement, include the retainer agreement, and provide information about the actual attorney fees incurred and the attorneys’ relevant experience. The parties must also attach the settlement agreement.
Effect of the order
The order required additional settlement-review materials. It did not state that the settlement was approved or rejected, and it did not resolve the underlying Fair Labor Standards Act claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.