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S.D.N.Y.Procedural orderFiled Sept. 6, 2022

Gonzalez v. Raguboy Corp.

Judge
Ronnie Abrams
Docket
1:22-cv-03607
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

Gonzalez v. RAGUBPY Corp.: Judge Abrams ordered settlement-related filings after the parties reported resolving their Fair Labor Standards Act case.

Who this affects

The plaintiffs and defendants in the Fair Labor Standards Act case, including the putative similarly situated group represented by the plaintiffs, were required to follow the court’s settlement-related instructions.

What happened

In Gonzalez v. RAGUBPY Corp., the plaintiffs and defendants reported that mediation had occurred and that they had reached an agreement on all issues in the Fair Labor Standards Act case.

The court ordered the parties, by October 6, 2022, either to consent to having all further proceedings handled by Magistrate Judge Lehrburger or to submit a joint letter asking the court to approve the settlement as fair and reasonable, with supporting materials.

Judge Ronnie Abrams also warned that materials relied on for the fairness decision would be placed on the public docket and identified settlement terms the court would not approve. The order did not itself approve the settlement.

The detailed version

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

Case
Gonzalez v. Raguboy Corp. · No. 1:22-cv-03607
Judge
Ronnie Abrams
Date
Sept. 6, 2022

Background

The plaintiffs brought this Fair Labor Standards Act case against RAGUBPY Corp., doing business as Supper Restaurant, Frank Prisinzano, and Anis Ouslati. The order states that mediation was held and that the parties reported reaching an agreement on all issues.

Court’s Order

The court directed the parties to take one of two actions by October 6, 2022. They could consent to conducting all further proceedings before Magistrate Judge Lehrburger by completing a consent form. Alternatively, they could submit a joint letter explaining why the settlement was fair and reasonable and should be approved, along with required supporting materials, including contemporaneous records of the attorneys’ billing for fees and costs included in the settlement.

The court explained that materials on which it relied in deciding whether the settlement was fair would be filed publicly because judicial documents are generally accessible to the public. It also stated that it would not approve agreements in which the plaintiffs broadly waived claims unrelated to wage-and-hour issues or were barred from making negative statements about the defendants without an exception allowing truthful statements about their experience litigating the case.

Disposition

Judge Ronnie Abrams entered the order directing the parties to choose between consenting to proceedings before Magistrate Judge Lehrburger and submitting materials for settlement approval. The order did not state that the court approved the settlement or enter a final judgment.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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