Das v. Acropol Rest. Corp.
- Stewart Aaron
- 1:22-cv-04589
- U.S. District Court · Southern District of New York
- 2
In Das v. Acropol, Judge Aaron required the parties to submit information supporting review of their Fair Labor Standards Act settlement.
The plaintiff, the defendants, and their attorneys are affected because they must jointly submit the required settlement-review materials by October 7, 2022.
What happened
Das v. Acropol Rest. Corp. is a case involving one or more claims under the Fair Labor Standards Act. The parties told the court that they had reached a settlement and agreed to have all proceedings handled by Magistrate Judge Stewart D. Aaron.
The court required the parties to file a joint letter or motion addressing whether the settlement is fair and reasonable. The filing must discuss the claims, defenses, potential damages, the strengths and weaknesses of the case, the negotiation process, and other information relevant to the settlement’s reasonableness.
Judge Stewart D. Aaron ordered the filing by October 7, 2022. The parties also must explain the attorney-fee arrangement, provide the retainer agreement and information about fees spent and attorney experience, and attach the settlement agreement. The order does not approve the settlement.
The detailed version
- Das v. Acropol Rest. Corp. · No. 1:22-cv-04589
- Stewart Aaron
- Sept. 23, 2022
Background
The case includes one or more claims under the Fair Labor Standards Act. On September 16, 2022, the parties informed the court that they had reached a settlement. The parties later consented to have all proceedings conducted before Magistrate Judge Stewart D. Aaron.
Court’s directive
The court cited the requirement that courts review Fair Labor Standards Act settlements for fairness and reasonableness. It directed the parties to file a joint letter or motion by Friday, October 7, 2022, addressing whether their settlement met that standard.
The filing must address the claims and defenses, the defendants’ potential monetary exposure and the basis for calculating it, the strengths and weaknesses of the plaintiff’s case and the defendants’ defenses, and any reasons for a difference between the potential value of the claims and the settlement amount. It also must discuss the litigation and negotiation process and any other relevant issues, including whether a judgment would be collectible if the case proceeded to trial.
The parties must additionally explain the attorney-fee arrangement, attach the retainer agreement, provide information about the actual attorney’s fees expended and the attorneys’ relevant experience, and submit a copy of the settlement agreement.
Disposition
The order requires the parties to provide information for the court’s review. It does not state that the court approved or rejected the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.