Gonzalez v. Theron
- Andrew Carter
- 1:20-cv-03854
- U.S. District Court · Southern District of New York
- 1
In Gonzalez v. Theron, Judge Carter entered a $3,000 judgment resolving Acacia Gonzalez’s Fair Labor Standards Act claim, without resolving her other claims.
Acacia Gonzalez and defendants Inge Theron, FaceGym NY LLC, and FaceGym USA Inc.; the judgment resolved only Gonzalez’s Fair Labor Standards Act claim.
What happened
In Gonzalez v. Theron, the defendants filed notice that Acacia Gonzalez accepted an offer of judgment under Rule 68 of the Federal Rules of Civil Procedure for her Fair Labor Standards Act claim.
The court entered judgment for Gonzalez against Inge Theron, FaceGym NY LLC, and FaceGym USA Inc. for $3,000, including attorneys’ fees and costs. The judgment resolved only Gonzalez’s Fair Labor Standards Act claim, identified as her Third Cause of Action, and did not resolve her remaining claims.
On May 28, 2021, Judge Andrew L. Carter, Jr. entered the judgment. The order stated that the offer and resulting judgment were not admissions that the defendants were liable or that Gonzalez suffered damages.
The detailed version
- Gonzalez v. Theron · No. 1:20-cv-03854
- Andrew Carter
- May 28, 2021
Background
The opinion states that the defendants filed notice on May 21, 2021, that Acacia Gonzalez accepted an offer of judgment for her claim under the Fair Labor Standards Act, a federal wage-and-hour law. The offer was made under Rule 68 of the Federal Rules of Civil Procedure, which concerns offers of judgment.
Judgment
The court ordered entry of judgment for Gonzalez against Inge Theron, FaceGym NY LLC, and FaceGym USA Inc., collectively, in the amount of $3,000. That amount included attorneys’ fees and costs. The judgment was intended to resolve only Gonzalez’s Fair Labor Standards Act claim, designated as the Third Cause of Action, and not her remaining claims.
The order also stated that the offer and any resulting judgment could not be treated as an admission by the defendants that they were liable or that Gonzalez suffered any damages.
Court’s Explanation and Disposition
The order cited a Second Circuit decision stating that judicial approval is not required for an accepted Rule 68 offer of judgment resolving a Fair Labor Standards Act claim. Judge Andrew L. Carter, Jr. entered the judgment on May 28, 2021. The order resolved the specified claim through the Rule 68 judgment but did not resolve the remaining claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.