Nolau v. WSP USA Inc.
- Vernon Broderick
- 1:22-cv-04276
- U.S. District Court · Southern District of New York
- 3
In Nolau v. WSP USA Inc., Judge Broderick paused proceedings through December 22, 2022, to allow mediation.
Michael Nolau, the proposed similarly situated workers he represents, and WSP USA Inc.; the litigation was paused while the parties pursued mediation.
What happened
In Nolau v. WSP USA Inc., Michael Nolau and WSP USA Inc. jointly asked the court to pause the case while they pursued mediation and settlement discussions.
Nolau’s lawsuit asserts claims under the Fair Labor Standards Act and New York Labor Law. The parties agreed to mediate with Martin Scheinman on October 20, 2022, and asked to pause WSP’s deadline to answer or otherwise respond to the complaint.
Judge Vernon Broderick paused the proceedings through December 22, 2022. He ordered the parties to submit a joint update about their mediation efforts by that date, to notify the court immediately if they settled, and reminded them that any settlement required court approval as fair and reasonable.
The detailed version
- Nolau v. WSP USA Inc. · No. 1:22-cv-04276
- Vernon Broderick
- Aug. 25, 2022
Background
Michael Nolau filed a class and collective action complaint asserting claims under the Fair Labor Standards Act and New York Labor Law. WSP USA Inc. had agreed to waive service and had received an extension of time to answer or otherwise respond to the complaint through August 24, 2022.
The Joint Motion
Nolau and WSP jointly asked the court to stay, or pause, the proceedings through December 22, 2022, including WSP’s response deadline. They said the pause would give them time to exchange information, evaluate settlement, and mediate. The parties agreed to mediate with Martin Scheinman on October 20, 2022. They also requested a stay of the Fair Labor Standards Act’s statute of limitations, but the signed order does not separately state whether that request was granted.
Order
The court paused the proceedings through December 22, 2022. It ordered the parties to submit a joint status update by that date describing their mediation efforts and progress, and to notify the court immediately if they reached a settlement earlier. The court reminded the parties that any settlement had to be approved as fair and reasonable under the cited Second Circuit decision in Cheeks v. Freeport Pancake House, Inc. The court also directed them to notify it if they wished to participate in the Southern District of New York’s mediation program.
The order addressed case management and settlement efforts; it did not decide the merits of Nolau’s wage claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.