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S.D.N.Y.Procedural orderFiled May 12, 2022

Rapozo v. Schwartz

Judge
Katherine Failla
Docket
1:21-cv-10925
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

In Rapozo v. Schwartz, Judge Failla ordered the parties to submit their FLSA settlement for court review.

Who this affects

The order affects Rafael Rapozo and the other proposed collective-action plaintiffs, Martin Schwartz, and Carroll Place Realty LLC.

What happened

Rafael Rapozo and other proposed collective-action plaintiffs sued Martin Schwartz and Carroll Place Realty LLC under the Fair Labor Standards Act and New York Labor Law.

The plaintiffs later amended their complaint to add claims that the defendants retaliated against them. The parties then reported that they had mediated the case and reached an agreement on all issues.

Judge Failla ordered the parties to file the completed settlement agreement and a joint letter addressing its fairness by June 2, 2022. She also directed the Clerk to terminate all pending motions and adjourn the remaining dates.

The detailed version

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

Case
Rapozo v. Schwartz · No. 1:21-cv-10925
Judge
Katherine Failla
Date
May 12, 2022

Background

Rafael Rapozo, on behalf of himself and others similarly situated in the proposed Fair Labor Standards Act (FLSA) collective action, sued Martin Schwartz and Carroll Place Realty LLC. The complaint asserted claims under the FLSA and New York Labor Law (NYLL).

Amended Claims and Settlement

The plaintiffs filed a First Amended Complaint on April 15, 2022. It added FLSA and NYLL retaliation claims against the defendants. On May 11, 2022, the parties reported that they had successfully mediated the case and reached an agreement on all issues.

Court’s Order

The court instructed the parties to file their completed settlement agreement and a joint letter about the settlement’s fairness by June 2, 2022. The court stated that it would review the agreement under the FLSA and Second Circuit law. The Clerk of Court was directed to terminate all pending motions and adjourn all remaining dates. Judge Katherine Polk Failla entered the order on May 12, 2022.

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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