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

Martinez v. Triumph Construction Corp.

Judge
James Oetken
Docket
1:21-cv-04137
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

Martinez v. Triumph Construction Corp.: Judge Oetken required public filing and court or Department of Labor review of the parties’ proposed settlement.

Who this affects

George Martinez, Triumph Construction Corp., and Top Set Trucking, LLC; the order also addresses any request for attorney fees from the proposed settlement.

What happened

In George Martinez v. Triumph Construction Corp. and Top Set Trucking, LLC, the parties told the court they had settled a Fair Labor Standards Act case. The order does not describe the settlement’s amount or other terms.

The court said the case could not be finally dismissed unless the court or the Department of Labor approved the settlement. Any request for approval and the settlement agreement had to be filed publicly within 30 days and explain why the agreement was fair and reasonable.

Judge Oetken directed the parties to file the required letter or stipulation by September 30, 2022. He also postponed all other filing deadlines, conference dates, and the trial date indefinitely; the order did not approve the settlement.

The detailed version

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

Case
Martinez v. Triumph Construction Corp. · No. 1:21-cv-04137
Judge
James Oetken
Date
Sept. 2, 2022

Background

The court was informed that the parties had reached a settlement in this Fair Labor Standards Act case. The opinion does not provide the settlement amount, the proposed allocation of money, or other settlement terms.

Settlement-Approval Requirement

The court advised that the parties could not dismiss the action with prejudice—that is, with a final dismissal that generally prevents the same claims from being brought again—unless the settlement agreement was approved by the court or the Department of Labor. The parties were required to file a letter motion and the settlement agreement on the public docket within 30 days of the order.

The letter motion had to explain why the proposed settlement was fair and reasonable. It also had to address the plaintiff’s possible recovery; the burdens and expenses the settlement would avoid; the litigation risks; whether the agreement resulted from arm’s-length negotiations between experienced counsel; and the possibility of fraud or collusion. In addition, the letter had to discuss whether there was a genuine dispute about the number of hours worked or the compensation owed, and how much of the settlement the plaintiff’s attorney would seek as fees. The court stated that, absent special circumstances, it would not approve a settlement filed under seal or in redacted form.

Disposition

Judge J. Paul Oetken directed the parties to file a letter or stipulation meeting these requirements on or before September 30, 2022. The court adjourned all other filing deadlines, conference dates, and the trial date indefinitely. The order did not approve or reject the settlement and did not decide the underlying wage claims.

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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