Flores Moreno v. JJ Food Market Corp.

Background

The attorneys told the court that the action had been or would be settled. The opinion does not state the settlement’s amount, terms, or whether the parties had already finalized it.

Court’s Order

The court ordered the parties to file a motion seeking approval of the settlement by June 25, 2021. The motion had to include one or more affidavits—sworn written statements—showing that the settlement was fair and reasonable.

The court required the parties to address the factors identified in Wolinsky v. Scholastic Inc., including the plaintiff’s possible recovery; the burdens and expenses the settlement would avoid; the parties’ litigation risks; whether experienced counsel negotiated at arm’s length; and the possibility of fraud or collusion. The parties also had to address factors weighing against approval, such as similarly situated employees, the likelihood that the circumstances would recur, any history of noncompliance with the Fair Labor Standards Act, and whether a more developed record would help resolve an important legal or factual issue.

Disposition

Judge Laura Taylor Swain ordered the parties to file the settlement-approval motion and supporting evidence. This order did not itself grant or deny settlement approval.