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S.D.N.Y.Procedural orderFiled Feb. 25, 2022

Perry v. New York State Athletic Commission

Judge
Stewart Aaron
Docket
1:21-cv-01967
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaEmploymentCivil Procedure
In one sentence

In Perry v. New York State Athletic Commission, Judge Aaron ordered the parties to justify their proposed Fair Labor Standards Act settlement.

Who this affects

The plaintiffs and defendants in this Fair Labor Standards Act case, as well as their attorneys, were required to provide information supporting the proposed settlement.

What happened

In Dorothea Perry et al. v. New York State Athletic Commission et al., the parties reached a settlement in principle after a settlement conference. The case includes claims under the Fair Labor Standards Act, the federal wage-and-hour law.

The court required the parties to file a joint letter or motion explaining whether the settlement is fair and reasonable. The filing must discuss the claims, defenses, potential damages, strengths and weaknesses of the case, the negotiation process, and other relevant considerations.

Judge Stewart D. Aaron ordered the filing by March 11, 2022, and required the parties to include information about attorney fees, the retainer agreement, counsel’s experience, and the settlement agreement itself. The order did not approve the settlement.

The detailed version

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

Case
Perry v. New York State Athletic Commission · No. 1:21-cv-01967
Judge
Stewart Aaron
Date
Feb. 25, 2022

Background

The case includes one or more claims under the Fair Labor Standards Act, a federal law governing matters such as wages and hours. The parties appeared before Judge Stewart D. Aaron for a settlement conference on February 16, 2022, and reached a settlement in principle. They later consented to have all proceedings conducted before Judge Aaron.

Order

The court required the parties to file a joint letter or motion addressing whether the proposed settlement is fair and reasonable. The filing had to discuss 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, and the litigation and negotiation process. It also had to address other potentially relevant issues, such as whether a judgment would be collectible if the case went to trial.

The court further required information about the attorney-fee arrangement, a copy of the retainer agreement, the attorney fees actually incurred, and the attorneys’ relevant experience. The parties also had to attach the settlement agreement. The filing deadline was March 11, 2022. The order required submission of materials for review; it did not state that the court approved the settlement.

Disposition

Judge Aaron ordered the parties to submit the required joint letter or motion and supporting materials. The opinion does not state a final disposition of the claims or an approval of the settlement.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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