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S.D.N.Y.Procedural orderFiled May 2, 2022

Rodriguez v. 2324 Morris Avenue Realty LLC

Judge
Vyskocil
Docket
1:21-cv-06542
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

In Rodriguez v. 2324 Morris Avenue Realty LLC, Judge Vyskocil adjourned the conference and required information to review the parties’ Fair Labor Standards Act settlement.

Who this affects

The parties to Rodriguez v. 2324 Morris Avenue Realty LLC, including Ricardo Rodriguez and the defendants, must provide information for the court’s review of their settlement.

What happened

In Rodriguez v. 2324 Morris Avenue Realty LLC, the parties told the court that mediation had taken place and that they had reached an agreement on all issues.

The court adjourned the scheduled post-discovery conference indefinitely. Because the case includes claims under the Fair Labor Standards Act, the parties must file a joint letter by June 1, 2022, explaining why the settlement is fair and reasonable.

Judge Mary Kay Vyskocil also required the parties to provide information about the claims, defenses, possible damages, settlement negotiations, attorney-fee arrangement, fees incurred, and the settlement agreement itself.

The detailed version

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

Case
Rodriguez v. 2324 Morris Avenue Realty LLC · No. 1:21-cv-06542
Judge
Vyskocil
Date
May 2, 2022

Background

The court was informed that the parties had participated in mediation and reached an agreement on all issues. The case includes claims arising under the Fair Labor Standards Act, a federal law governing matters such as minimum wages and overtime pay.

Court’s Action

The court adjourned the post-discovery conference scheduled for May 11, 2022, without setting a new date. The court directed the parties to file a joint letter by June 1, 2022, with enough information for the court to evaluate whether the settlement was fair and reasonable.

The letter 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, reasons for any difference between the potential value of the claims and the settlement amount, and the litigation and negotiation process. The parties must also address other relevant issues, such as whether a judgment would be collectible if the case proceeded to trial.

The parties must explain their attorney-fee arrangement, attach the retainer agreement, provide details about the attorney fees actually incurred, and include a copy of the settlement agreement with the letter or a motion. The opinion directs the parties to provide materials for the court’s review; it does not state that the court approved 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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