Ramirez v. 1494 First Ave Restaurant Corp

Background

The case contains one or more claims under the Fair Labor Standards Act. The court was informed on June 10, 2021, that the parties had reached a settlement. The parties then consented to have all proceedings held before Stewart D. Aaron, a United States magistrate judge.

Required Settlement Submission

Citing the requirements of Cheeks v. Freeport Pancake House, Inc., the court ordered the parties to file a joint letter or motion addressing whether the settlement was fair and reasonable. The filing was due June 29, 2021.

The parties were directed to address the claims and defenses, the defendants’ potential monetary exposure and the basis for calculating it, the strengths and weaknesses of the plaintiffs’ case, the defendants’ defenses, any reasons for a difference between the potential value of the claims and the settlement amount, and the litigation and negotiation process. The filing could also address other matters relevant to whether the settlement was reasonable, including whether a judgment would be collectible if the case proceeded to trial.

Attorney Fees and Settlement Agreement

The submission also had to explain the attorney-fee arrangement, attach the retainer agreement, and provide information about the attorneys’ actual hours worked and relevant experience. A copy of the settlement agreement had to accompany the joint letter or motion.

Disposition

Judge Stewart D. Aaron ordered the parties to make this submission by June 29, 2021. The order required review materials concerning the settlement; it did not state that the settlement was approved.