Katsaros v. Zanimad Food Corp.
- Gabriel Gorenstein
- 1:20-cv-10691
- U.S. District Court · Southern District of New York
- 1
In Katsaros v. Zanimad Food, Judge Gorenstein ordered the parties to explain why their Fair Labor Standards Act settlement was fair and reasonable.
Nikolaos Katsaros and Zanimad Food Corp. et al., whose parties were required to submit information about the FLSA settlement and attorney fees.
What happened
Katsaros v. Zanimad Food Corp. involves one or more claims under the Fair Labor Standards Act, a federal law governing certain wages and working conditions. The order addresses the parties’ settlement.
The court required the parties to file a joint letter or motion by June 4, 2021, explaining the claims and defenses, possible damages, the strengths and weaknesses of each side’s position, the settlement amount, and the negotiation process. They also had to disclose the attorney-fee arrangement, attach the retainer agreement, provide information about fees already spent, and attach the settlement agreement.
Judge Gabriel W. Gorenstein issued the order under a Second Circuit requirement that courts review Fair Labor Standards Act settlements for fairness and reasonableness. The order did not decide the underlying claims or defenses.
The detailed version
- Katsaros v. Zanimad Food Corp. · No. 1:20-cv-10691
- Gabriel Gorenstein
- May 27, 2021
Background
The opinion states that the case contains one or more claims under the Fair Labor Standards Act (FLSA). It refers to a settlement and cites Cheeks v. Freeport Pancake House, Inc., which requires court review of FLSA settlements for fairness and reasonableness.
Court’s Order
The court ordered the parties to file a joint letter or motion by June 4, 2021. The filing had to address:
- the claims and defenses; - the defendants’ possible monetary exposure and the basis for calculating it; - the strengths and weaknesses of the plaintiff’s case and the defendants’ defenses; - any factors explaining a difference between the possible value of the plaintiff’s claims and the settlement amount; - the litigation and settlement-negotiation process; and - any other issues relevant to whether the settlement was reasonable, including whether a judgment would be collectible if the case went to trial.
The parties also had to disclose the attorney-fee arrangement, attach the retainer agreement, provide information about the actual attorney fees spent, and attach the settlement agreement.
Disposition and Scope
Judge Gabriel W. Gorenstein entered the order requiring these settlement-review materials. The opinion does not rule on the merits of the FLSA claims, the defenses, or the fairness of the settlement itself.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.