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S.D.N.Y.Procedural orderFiled Sept. 19, 2022

Felton v. Mid-Bronx Senior Citizens Council Inc.

Judge
Paul Gardephe
Docket
1:22-cv-03519
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In Felton v. Mid-Bronx Senior Citizens Council, Judge Gorenstein ordered the parties to seek court approval of their reported Fair Labor Standards Act settlement.

Who this affects

The parties to the case, including Terry Felton and the defendants, are affected because they were directed to seek court approval of their reported settlement.

What happened

In Felton v. Mid-Bronx Senior Citizens Council Inc., the parties reported that they had reached a settlement. The order does not describe the settlement’s terms or say that the court approved it.

Because the case includes one or more claims under the Fair Labor Standards Act, the parties must apply for court approval of the settlement. The order directed them to submit that application to District Judge Paul Gardephe by October 10, 2022, following his applicable practices.

Magistrate Judge Gabriel W. Gorenstein issued the order on September 19, 2022. He also explained that the parties could consent to have the case decided by him, but the order itself only directed them to seek approval of the reported settlement.

The detailed version

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

Case
Felton v. Mid-Bronx Senior Citizens Council Inc. · No. 1:22-cv-03519
Judge
Paul Gardephe
Date
Sept. 19, 2022

What the order says

The parties reported that they had reached a settlement. The opinion does not provide the settlement’s terms and does not state that the court approved it.

Required approval

The case includes one or more claims under the Fair Labor Standards Act, a federal law governing certain employment practices, including wage and hour requirements. The order states that the settlement must be approved under Cheeks v. Freeport Pancake House, Inc. The parties were directed to submit an approval application to District Judge Paul Gardephe by October 10, 2022, in compliance with any applicable individual practices.

Other information and disposition

Magistrate Judge Gabriel W. Gorenstein signed the order. He stated that the parties could consent under 28 U.S.C. § 636(c) to have the action adjudicated by him. The order did not approve or reject the settlement, dismiss the case, or enter judgment; it directed the parties to make the required application.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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