Fernandez v. HR Parking Inc

Background

Bryan Fernandez and other plaintiffs sued HR Parking Inc. and other defendants. The opinion states that the case includes one or more claims under the Fair Labor Standards Act, a federal law governing subjects such as minimum wages and overtime. The parties had reached a settlement, but the opinion does not provide its terms.

Court’s Order

The court canceled the trial scheduled for June 21, 2021. Because the case includes Fair Labor Standards Act claims, the court required the parties to file a joint letter or motion addressing whether the settlement is fair and reasonable under the court-review requirements discussed in Cheeks v. Freeport Pancake House, Inc.

The filing must address the claims and defenses; the defendants’ potential monetary exposure and the basis for calculating it; the strengths and weaknesses of the plaintiffs’ case and the defendants’ defenses; reasons for any difference between the potential value of the claims and the settlement amount; the litigation and negotiation process; and other issues relevant to whether the settlement is reasonable, including whether a judgment could be collected after trial.

The parties must also disclose their attorney-fee arrangement, attach the fee agreement, provide information about the attorney fees actually incurred, and attach the settlement agreement itself. The filing deadline was July 8, 2021.

Disposition

Judge Gabriel W. Gorenstein canceled the trial and ordered the parties to submit the specified settlement-review materials. The order did not state that the court approved or rejected the settlement.