Hickmon v. Fun & Fit LLC
- Ronnie Abrams
- 1:20-cv-10270
- U.S. District Court · Southern District of New York
- 1
In Hickmon v. Fun & Fit LLC, Judge Cott directed the parties to seek approval of their proposed settlement by February 14, 2022.
The parties to the proposed settlement—Sandra Hickmon, Marcella Clovis, Fun & Fit LLC, and the other defendants—were directed to seek court approval of their settlement.
What happened
Hickmon v. Fun & Fit LLC involved Sandra Hickmon and Marcella Clovis, individually and on behalf of others similarly situated, against Fun & Fit LLC and other defendants. The parties told the court they had reached a settlement and submitted a settlement agreement.
The parties consented to Magistrate Judge James L. Cott deciding the motion to approve the settlement under federal law. The court had not yet approved the settlement in this order.
Judge Cott ordered the parties to file a joint letter motion by February 14, 2022, explaining why the proposed settlement was fair and reasonable and addressing the requirements of the Second Circuit's decision in Cheeks v. Freeport Pancake House, Inc. The court also noted that the agreement mistakenly referred to June 15, 2021, instead of June 15, 2022, and said the parties could submit a corrected agreement with their motion.
The detailed version
- Hickmon v. Fun & Fit LLC · No. 1:20-cv-10270
- Ronnie Abrams
- Jan. 31, 2022
Background
Sandra Hickmon and Marcella Clovis brought the case individually and on behalf of all others similarly situated against Fun & Fit LLC and other defendants. The opinion states that the parties reached a settlement and submitted a settlement agreement. The parties also consented to Magistrate Judge James L. Cott's jurisdiction under 28 U.S.C. § 636(c) for purposes of deciding a motion to approve the settlement.
Court's Action
The court directed the parties to file a joint letter motion requesting approval of the settlement no later than February 14, 2022. The motion must explain why the proposed settlement is fair and reasonable and otherwise comply with the Second Circuit's decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). This order directed the parties to submit the approval request; it did not itself approve or reject the settlement.
The court also noted that paragraph 4(b) of the proposed agreement mistakenly referred to June 15, 2021, rather than June 15, 2022. The parties were permitted to submit a revised agreement with their joint letter motion if they wished to correct the date.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.