Flores v. Chowbus Inc.
- Vernon Broderick
- 1:21-cv-00970
- U.S. District Court · Southern District of New York
- 2
In Flores v. Chowbus, Judge Broderick canceled the initial conference and ordered joint case updates and a proposed schedule in an FLSA case.
The plaintiffs, the defendants, and their attorneys were affected by the mediation referral, settlement-review procedures, canceled initial conference, and required joint filings.
What happened
Flores v. Chowbus is a case involving claims under the Fair Labor Standards Act, the federal wage-and-hour law. The court referred the case automatically to its alternative-dispute-resolution mediation program.
Because of the public health crisis, the court said it would not hold the initial pretrial conference. It ordered the parties to submit a joint letter addressing the case, jurisdiction and venue, motions, discovery, settlement discussions, trial length, and other issues, along with a proposed case-management plan and scheduling order.
Judge Broderick also explained that FLSA settlements generally must be filed publicly and reviewed for fairness, including settlements reached through certain offers of judgment or voluntary dismissals without prejudice. This order did not decide the parties’ underlying claims.
The detailed version
- Flores v. Chowbus Inc. · No. 1:21-cv-00970
- Vernon Broderick
- May 20, 2021
Nature of the Order
This is a case-management order in an action involving claims under the Fair Labor Standards Act (FLSA), a federal law governing wages and working conditions. The court stated that the case had been assigned to Judge Broderick for all purposes.
Mediation and Settlement Review
As part of a pilot program for FLSA cases, the Clerk of Court automatically referred the case to the court’s alternative-dispute-resolution mediation program. The court reminded the parties that FLSA settlements generally must be filed publicly and reviewed by the court to determine whether they are fair. The court stated that it reviews all FLSA settlements, including settlements reached through an accepted offer of judgment under Federal Rule of Civil Procedure 68 and voluntary dismissals without prejudice.
If the parties settled, the court said they could submit the settlement agreement with a joint letter explaining why the proposed settlement was fair and reasonable. The letter would also need to address any incentive payments to the plaintiff and any attorney’s fee award, with supporting documentation when appropriate.
Pretrial Conference and Required Filings
The court ordered that it would not hold the initial pretrial conference because of the public health crisis. By May 29, 2020, the parties were ordered to submit a joint letter of no more than three pages addressing:
- the nature of the action and the principal defenses; - why jurisdiction and venue were proper in the court; - all contemplated or outstanding motions; - completed and necessary discovery; - prior mediation or settlement discussions and the prospects for settlement; - the estimated trial length; and - any other information that could assist in moving the case toward settlement or trial.
The court also ordered the parties to jointly submit by May 29, 2020, a proposed case-management plan and scheduling order. The opinion does not explain why the stated 2020 deadline appears earlier than the order’s May 20, 2021 date.
Disposition
The court entered case-management and settlement-review directives. It did not resolve the merits of the FLSA claims or state a ruling on any pending claim or motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.