Pagan v. Alvin and Friends, LLC
- Vincent Briccetti
- 7:22-cv-01589
- U.S. District Court · Southern District of New York
- 1
In Pagan v. Alvin and Friends, LLC, Judge Briccetti terminated defendants’ motion to dismiss as moot after the parties reported an FLSA settlement in principle.
The plaintiff, the defendants, their counsel, and the similarly situated individuals represented by the proposed FLSA collective may be affected by the required settlement-approval process; the order does not state the settlement’s terms.
What happened
Pagan v. Alvin and Friends, LLC is a Fair Labor Standards Act case brought by Joseph Pagan individually and for others similarly situated against Alvin and Friends, LLC, Alvin Clayton, and Gwen Clayton. The court was told that the parties had reached a settlement in principle.
The court ordered counsel to submit an application for settlement approval by November 14, 2022, as required by the cited Second Circuit decision. The order does not describe the settlement’s terms or say that the court approved it.
Judge Briccetti terminated the defendants’ motion to dismiss as moot and directed the Clerk to terminate that motion. The order did not decide the underlying claims.
The detailed version
- Pagan v. Alvin and Friends, LLC · No. 7:22-cv-01589
- Vincent Briccetti
- Oct. 12, 2022
Background
Joseph Pagan sued Alvin and Friends, LLC, Alvin Clayton, and Gwen Clayton under the Fair Labor Standards Act (FLSA), individually and on behalf of others similarly situated. The court stated that it had been advised that the parties reached a settlement in principle.
Court’s Orders
The court ordered counsel to submit an application for approval of the settlement by November 14, 2022. The order cited Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), as requiring the application. The opinion does not state the settlement’s terms or indicate that the court approved the settlement.
The court terminated the defendant’s motion to dismiss, docketed as Document 21, as moot. The Clerk was directed to terminate that motion. The order did not reach the merits of the FLSA claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.