Dominici v. Rising Sun Construction LLC
- John Cronan
- 1:18-cv-11383
- U.S. District Court · Southern District of New York
- 1
In Moises Dominic v. Rising Sun Construction, Judge Cronan required settlement clarification before deciding whether to approve the parties’ agreement.
The parties to the proposed settlement, including Eddy Garcia, Juan Marquez, Jose Barros, Demetrio Morales Martinez, and Rising Sun Construction LLC.
What happened
In Moises Dominic v. Rising Sun Construction LLC, the parties jointly asked the court to approve their proposed settlement agreement. The court identified a question about how the settlement amounts were calculated.
The agreement would pay Eddy Garcia $4,864.10, Juan Marquez $7,936.07, Jose Barros $7,660.36, and Demetrio Morales Martinez $7,035.01. Those amounts represented different percentages of each plaintiff’s estimated damages, ranging from about 14.1% to 38.5%.
Judge John P. Cronan ordered the parties to submit a joint letter within one week explaining the reason for each plaintiff’s settlement amount and the differences among them. The court did not yet approve the settlement.
The detailed version
- Dominici v. Rising Sun Construction LLC · No. 1:18-cv-11383
- John Cronan
- May 7, 2021
Background
The parties jointly requested approval of a proposed settlement agreement. The opinion says the request was made under the procedure discussed in Cheeks v. Freeport Pancake House, but the court had not yet approved the agreement.
Amounts at Issue
Under the proposed agreement, Plaintiff Eddy Garcia would receive $4,864.10, approximately 26.5% of his estimated damages of $18,365.50. Plaintiff Juan Marquez would receive $7,936.07, approximately 26.3% of his estimated damages of $30,230.00. Plaintiff Jose Barros would receive $7,660.36, approximately 38.5% of his estimated damages of $19,887.50. Plaintiff Demetrio Morales Martinez would receive $7,035.01, approximately 14.1% of his estimated damages of $49,802.00.
Court’s Order
Before deciding whether to approve the settlement, Judge Cronan ordered the parties to submit a joint letter within one week explaining the rationale for each plaintiff’s settlement figure and why the figures differed so substantially. 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.