Hyseni v. Zia Maria Little Italy Inc.
- Vyskocil
- 1:21-cv-06318
- U.S. District Court · Southern District of New York
- 2
In Hyseni v. Zia Maria Little Italy, Judge Vyskocil required support for a proposed FLSA settlement and scheduled a fairness hearing.
The plaintiff and defendants in the Fair Labor Standards Act lawsuit, as well as the plaintiff’s attorney concerning requested fees. The order also affects the parties’ upcoming deadlines and court appearance.
What happened
In Hyseni v. Zia Maria Little Italy Inc., the mediator reported that court-ordered mediation had occurred and that the parties had reached an agreement on all issues. Because the lawsuit included claims under the Fair Labor Standards Act, the court said it must review and approve the settlement.
The court ordered the parties to submit a joint letter by February 2, 2022, explaining why the settlement was fair and reasonable. The letter must discuss the plaintiff’s possible recovery, the costs and risks of continuing the case, whether the agreement resulted from negotiations between experienced lawyers, possible fraud or collusion, any genuine dispute about hours worked or compensation, and the attorney’s requested fees. The parties must also provide the settlement agreement.
Judge Mary Kay Vyskocil changed the February 15, 2022 post-discovery conference into a hearing on the settlement’s fairness and ordered the parties, including the plaintiff personally, to attend by telephone. The order did not approve the settlement; it also postponed all other filing deadlines and appearance dates without setting new dates.
The detailed version
- Hyseni v. Zia Maria Little Italy Inc. · No. 1:21-cv-06318
- Vyskocil
- Jan. 5, 2022
Background
The mediator’s final report stated that the court-ordered mediation had taken place and that the parties had reached an agreement on all issues. The complaint asserted claims under the Fair Labor Standards Act, a federal law governing certain wages and working conditions.
The court explained that settlements of Fair Labor Standards Act claims require approval by either the district court or the U.S. Department of Labor. The court must examine whether the proposed agreement is fair and whether it reasonably compromises disputed issues instead of waiving legal rights because of employer pressure.
Court’s Orders
The court ordered the parties to submit a joint letter by February 2, 2022, explaining why the proposed settlement was fair and reasonable. The parties were directed to address:
- The plaintiff’s possible range of recovery;
- The extent to which the settlement would avoid the burdens and expenses of proving the claims and defenses;
- The seriousness of the litigation risks faced by the parties;
- Whether the agreement resulted from negotiations between experienced counsel; and
- The possibility of fraud or collusion.
The letter also had to address whether there was a genuine dispute about the number of hours worked or the compensation owed, and the amount of attorney’s fees the plaintiff’s lawyer would seek. The parties were instructed to include a copy of the settlement agreement. The court stated that, absent special circumstances, it would not approve an agreement filed under seal or in redacted form.
Hearing and Disposition
The court ordered that the post-discovery conference scheduled for February 15, 2022, would instead be a hearing on the proposed settlement’s fairness. The parties, including the plaintiff personally, had to appear by telephone. If the plaintiff did not speak English, he had to provide his own interpreter. All other filing deadlines and appearance dates were postponed without a new date.
Judge Mary Kay Vyskocil did not approve or reject the settlement in this order. Instead, she required additional information and scheduled a fairness hearing before deciding whether the proposed settlement could be approved.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.