Djordjevic v. Universal Protection Service LLC
- Paul Gardephe
- 1:22-cv-03144
- U.S. District Court · Southern District of New York
- 2
In Djordjevic v. Universal Protection Service, Judge Cave ordered the parties to submit materials supporting their Fair Labor Standards Act settlement.
The parties to the case—Margarita Djordjevic and Universal Protection Service LLC—and their attorneys, who were required to submit materials supporting review of their settlement.
What happened
In Djordjevic v. Universal Protection Service LLC, the parties told the court that they had reached a settlement. The case includes one or more claims under the Fair Labor Standards Act, a federal wage-and-hour law.
The court required the parties to file a joint letter-motion explaining why the settlement is fair and reasonable. The filing must discuss the claims and defenses, the defendant’s possible financial exposure, the strengths and weaknesses of each side’s case, the settlement negotiations, and any difference between the possible value of the claims and the settlement amount.
The parties must also provide their fee arrangement, the fee agreement, billing records, cost documentation, and the settlement agreement itself by November 10, 2022. Judge Sarah L. Cave issued the order on October 25, 2022; the order did not decide whether the settlement was fair.
The detailed version
- Djordjevic v. Universal Protection Service LLC · No. 1:22-cv-03144
- Paul Gardephe
- Oct. 25, 2022
Background
The parties advised the court on October 19, 2022, that they had reached a settlement. The opinion states that the case contains one or more claims under the Fair Labor Standards Act.
Order
Because Fair Labor Standards Act settlements require court review under the cited precedent, the court ordered the parties to file a joint letter-motion addressing whether their settlement is fair and reasonable. The parties were directed to file it by November 10, 2022.
The joint filing must address the claims and defenses, the defendant’s potential monetary exposure and the basis for calculating it, the strengths and weaknesses of the plaintiff’s case and the defendant’s defenses, and any factors explaining a difference between the potential value of the plaintiff’s claims and the settlement amount. It must also discuss the litigation and negotiation process and any other issues relevant to whether the settlement is reasonable, including the possible collectability of a judgment if the case proceeded to trial.
The parties must explain their attorney-fee arrangement and attach any retainer agreement. They must also provide information about the attorneys’ actual fees, including billing records and documentation of costs, and attach the settlement agreement.
Disposition
The court ordered the parties to submit the specified settlement materials. It did not determine in this order whether the settlement was fair or reasonable.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.