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S.D.N.Y.Procedural orderFiled Feb. 1, 2022

Sanchez Bueno v. Ballet Slippers, Inc.

Judge
Gabriel Gorenstein
Docket
1:21-cv-01765
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In Sanchez Bueno v. Ballet Slippers, Inc., Judge Gorenstein required settlement information and indefinitely postponed discovery deadlines.

Who this affects

The plaintiff and defendants in the case, because they must submit the required settlement information and the discovery deadlines were postponed.

What happened

Sanchez Bueno v. Ballet Slippers, Inc. includes one or more claims under the Fair Labor Standards Act. The court said the parties must provide information so it can evaluate whether their settlement is fair and reasonable.

The parties must file a joint letter or motion by February 15, 2022. The filing must address the claims and defenses, possible damages, the strengths and weaknesses of each side’s case, the settlement negotiations, and other relevant issues. It must also disclose the fee arrangement, include the retainer agreement and information about fees incurred, and attach the settlement agreement.

The court granted the request to postpone the pending discovery deadlines indefinitely. Judge Gorenstein did not approve or reject the settlement in this order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Sanchez Bueno v. Ballet Slippers, Inc. · No. 1:21-cv-01765
Judge
Gabriel Gorenstein
Date
Feb. 1, 2022

Background

The order states that the case includes one or more claims under the Fair Labor Standards Act. Because of requirements concerning review of settlements in such cases, the court required the parties to submit a joint letter or motion addressing whether their settlement is fair and reasonable.

Required Settlement Information

The submission must address:

- the claims and defenses; - the defendants’ potential monetary exposure and the basis for calculating it; - the strengths and weaknesses of the plaintiff’s case and the defendants’ defenses; - any factors explaining a 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 would be collectible if the case went to trial.

The parties must file the joint letter or motion by Tuesday, February 15, 2022. It must also disclose the attorney-fee arrangement, attach the retainer agreement, and provide information about the attorney fees actually expended. A copy of the settlement agreement must accompany the filing.

Ruling

Judge Gabriel W. Gorenstein granted the request to adjourn the pending discovery deadlines indefinitely. The order does not state that the court approved or rejected the settlement; it directs the parties to provide information for the required fairness review.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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