Galvez Duran v. T&S Restaurant LLC
- Sarah Netburn
- 1:20-cv-07090
- U.S. District Court · Southern District of New York
- 1
In Galvez Duran v. T&S Restaurants, Judge Engelmayer reopened the wage case and ordered the parties to submit their settlement for review.
The parties to the wage-and-hour action, including Nestor Ismael Galvez Duran and T&S Restaurants LLC and the other defendants, were affected by the order requiring submission of the proposed settlement and reopening the case.
What happened
In Galvez Duran v. T&S Restaurants LLC, the court explained that it had previously closed the wage-and-hour case while allowing the parties to ask to reopen it within 30 days.
Because the case was brought under the Fair Labor Standards Act, the court said it must review the parties’ settlement. It ordered the parties to submit their proposed settlement and a legal memorandum explaining why the settlement should be approved by April 14, 2022.
Judge Paul A. Engelmayer ordered the Clerk of Court to reopen the case. The order did not approve the settlement.
The detailed version
- Galvez Duran v. T&S Restaurant LLC · No. 1:20-cv-07090
- Sarah Netburn
- Mar. 31, 2022
Background
Nestor Ismael Galvez Duran brought this wage-and-hour action individually and on behalf of others similarly situated against T&S Restaurants LLC and other defendants. The court stated that it had issued an order on March 31, 2022, closing the action without prejudice to the parties’ right to reopen it within 30 days.
Settlement Review
The court explained that, because the action was brought under the Fair Labor Standards Act, it was required to review the parties’ settlement under Cheeks v. Freeport Pancake, Inc. The parties were directed to submit their proposed settlement by April 14, 2022, together with a memorandum of law explaining why the settlement warranted approval under that decision.
Disposition
The Clerk of Court was respectfully directed to reopen the case. The order did not decide whether to approve the settlement.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.