Pavon Hernandez v. Gemini Diner Inc.
- Paul Engelmayer
- 1:20-cv-04741
- U.S. District Court · Southern District of New York
- 2
In Pavon Hernandez v. Gemini Diner, Judge Engelmayer reserved judgment on a wage-settlement approval and ordered more information about attorney fees.
The plaintiffs, defendants, and plaintiffs’ law firm are affected because the proposed wage settlement remained pending while the court sought additional information about litigation fees and costs.
What happened
In Pavon Hernandez v. Gemini Diner Inc., the parties asked the court to approve a settlement of claims under federal and New York wage laws. The proposed agreement required defendants to pay $10,000 to the plaintiffs’ lawyers, $10,000 to Jorge Pavon Hernandez, and $5,000 each to Alejandro Pavon and Alexis Bravo.
The court said it must decide whether the settlement is fair and reasonable and separately assess the reasonableness of the lawyers’ fees. The parties did not state what part of the settlement was allocated to litigation costs.
Judge Paul A. Engelmayer reserved judgment on approving the settlement and ordered the parties to submit, by April 22, 2022, a letter listing the fees incurred in the case.
The detailed version
- Pavon Hernandez v. Gemini Diner Inc. · No. 1:20-cv-04741
- Paul Engelmayer
- Apr. 15, 2022
Background
The case involves claims under the Fair Labor Standards Act, a federal wage law; the New York Labor Law; and New York’s Hospitality Industry Wage Order. On April 6, 2022, the parties submitted a memorandum, a settlement agreement signed by all parties, a damages chart, and an invoice showing time spent by the plaintiffs’ law firm.
Settlement terms and court review
The proposed agreement required defendants to pay $10,000 to plaintiffs’ counsel, CSM Legal, P.C. Jorge Pavon Hernandez was to receive $10,000, while Alejandro Pavon and Alexis Bravo were each to receive $5,000. The opinion states that private settlements of Fair Labor Standards Act claims that end those claims permanently require approval by the district court or the Department of Labor. The court must determine whether the agreement is fair and reasonable and must separately assess the reasonableness of the plaintiffs’ attorneys’ fees.
Ruling
The court reserved judgment on approving the settlement because the parties did not identify what portion of the settlement was allocated to costs. To permit an independent assessment of the requested fee, Judge Paul A. Engelmayer directed the parties to submit a letter by April 22, 2022, listing the fees incurred in litigating the action. The order did not approve or reject the settlement at that time.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.