Ortega Almonte v. Hurricane Strauss Inc.
- Vyskocil
- 1:19-cv-06104
- U.S. District Court · Southern District of New York
- 1
In Ortega Almonte v. Hurricane Strauss, Judge Vyskocil entered judgment after the parties resolved FLSA claims through Rule 68 and ordered the case closed.
The plaintiffs, including Angel Ortega Almonte and others similarly situated, and the defendants, including Hurricane Strauss Inc. and the other named defendants.
What happened
In Ortega Almonte v. Hurricane Strauss Inc., the parties reached a settlement with help from a mediator. The complaint included claims under the Fair Labor Standards Act, a federal wage-and-hour law.
The court had asked the parties to submit the settlement for review because court approval is ordinarily required for Fair Labor Standards Act settlements. Instead, the parties used a procedure allowing one side to accept a judgment offer under Rule 68 of the Federal Rules of Civil Procedure.
Judge Mary Kay Vyskocil entered the judgment as a ministerial act and stated that the case should be closed. The opinion does not address the underlying wage-and-hour claims.
The detailed version
- Ortega Almonte v. Hurricane Strauss Inc. · No. 1:19-cv-06104
- Vyskocil
- July 13, 2022
Background
Angel Ortega Almonte and other plaintiffs sued Hurricane Strauss Inc., doing business as Westville Chelsea, and other defendants. The complaint asserted claims under the Fair Labor Standards Act (FLSA), a federal law governing certain wage and hour rights.
The parties reached a settlement agreement with help from a mediator. Because FLSA settlements ordinarily require judicial approval, the Court directed the parties to submit materials for review under the procedure discussed in Cheeks v. Freeport Pancake House, Inc.
Rule 68 Judgment
Rather than submit the requested settlement materials, the parties elected to proceed through an offer and acceptance of judgment under Rule 68 of the Federal Rules of Civil Procedure. Rule 68 allows a party to make an offer of judgment that the opposing party may accept under the rule's procedures.
Court’s Action and Disposition
The Court performed what it described as its “ministerial” role and entered the judgment. It stated that the case should be closed. The opinion does not decide the merits of the FLSA claims or describe the settlement’s terms.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.