Edgar v. Trinita Parete LLC
- Andrew Carter
- 1:21-cv-07860
- U.S. District Court · Southern District of New York
- 2
In Edgar v. Trinita Parete, Judge Cott directed the parties to seek approval of their wage-and-hour settlement.
Edgar Herrera, Trinita Parete LLC, and the other defendants in the wage-and-hour case.
What happened
Edgar Herrera sued Trinita Parete LLC and other defendants in a wage-and-hour case. After a court-ordered mediation, a mediator reported that the parties had reached a settlement in principle.
The court ordered the parties to file a joint letter motion and their fully signed settlement agreement by April 11, 2022, asking the court to approve it. The court had not approved the settlement in this order.
Judge Cott also said the request must explain why the settlement is fair, reasonable, and consistent with governing Second Circuit requirements. The parties could instead consent to Judge Cott reviewing the agreement.
The detailed version
- Edgar v. Trinita Parete LLC · No. 1:21-cv-07860
- Andrew Carter
- Mar. 11, 2022
Background
This wage-and-hour case followed a court-ordered mediation. The mediator’s final report stated that the parties had reached a settlement in principle.
Court’s Order
The court directed the parties to file a joint letter motion and a fully executed settlement agreement by April 11, 2022, requesting court approval. The motion must explain why the proposed settlement is fair and reasonable and otherwise complies with the Second Circuit’s requirements for approval of wage-and-hour settlements.
The order also gave the parties an alternative: they could consent to Judge Cott’s jurisdiction under 28 U.S.C. § 636(c), allowing him to review the settlement agreement. The court cited prior rulings addressing potentially impermissible settlement terms, including restrictions on publicizing the settlement, reemployment provisions, media communications, overly broad releases, non-disparagement provisions without a truthfulness exception, confidentiality provisions, and broad mutual releases.
Disposition
The court ordered the parties to submit the settlement-approval materials or consent to Judge Cott’s jurisdiction. It did not approve or reject the settlement in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.