Haxhani v. Elsayed III Corp .
- Stewart Aaron
- 1:20-cv-08247
- U.S. District Court · Southern District of New York
- 2
In Haxhani v. Elsayed III Corp., Judge Aaron required a fairness filing before considering the parties’ Fair Labor Standards Act settlement.
The plaintiffs and defendants, whose settlement must be supported by a joint filing addressing its fairness and whose other case deadlines were postponed indefinitely.
What happened
In Haxhani v. Elsayed III Corp., the parties reached a settlement after a settlement conference held before Magistrate Judge Stewart D. Aaron on May 24, 2021. The case includes claims under the Fair Labor Standards Act, a federal wage-and-hours law.
The court required the parties to file a joint letter or motion explaining whether the settlement is fair and reasonable. The submission must address the claims and defenses, possible damages, the strengths and weaknesses of the case, the negotiation process, the attorney-fee arrangement, and the settlement agreement itself.
Judge Aaron ordered the filing by June 25, 2021, and postponed all other case deadlines indefinitely while awaiting it. The order did not approve or reject the settlement.
The detailed version
- Haxhani v. Elsayed III Corp . · No. 1:20-cv-08247
- Stewart Aaron
- May 26, 2021
Background
The case includes one or more claims under the Fair Labor Standards Act. The parties reached a settlement at a settlement conference before Magistrate Judge Stewart D. Aaron on May 24, 2021. They later consented to have all proceedings conducted before him.
Court’s Order
The court cited the requirements of Cheeks v. Freeport Pancake House, Inc. and ordered the parties to file a joint letter or motion addressing whether their settlement is fair and reasonable. The filing must discuss the claims and defenses, the defendants’ potential monetary exposure and the basis for calculating it, the strengths and weaknesses of the plaintiffs’ case and defendants’ defenses, reasons for any difference between the potential value of the claims and the settlement amount, the litigation and negotiation process, and any other pertinent issues, including whether a judgment would be collectible.
The parties must also explain the attorney-fee arrangement, attach the retainer agreement, provide information about the fees actually spent and the attorneys’ relevant experience, and attach the settlement agreement. The deadline was June 25, 2021. The court adjourned all other deadlines indefinitely while awaiting the joint letter or motion.
Disposition
The court did not approve or reject the settlement in this order. It required additional information for settlement review and postponed the case’s other deadlines. Judge Aaron signed the order on May 26, 2021.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.