Tsoi v. Pushkareva
- Paul Gardephe
- 1:22-cv-05592
- U.S. District Court · Southern District of New York
- 1
In Tsoi v. Pushkareva, Judge Gardephe was designated to review the reported settlement because the case includes Fair Labor Standards Act claims.
The parties, Georgi Tsoi and Polina Pushkareva, were required to seek court approval of their reported settlement because the case includes Fair Labor Standards Act claims.
What happened
In Tsoi v. Pushkareva, the court was told that the parties had reached a settlement. The order does not describe the settlement’s terms or decide the parties’ underlying claims.
Because the case includes one or more claims under the Fair Labor Standards Act, the court said the settlement must receive court approval. The parties were directed to apply for approval by November 16, 2022, following Judge Gardephe’s applicable practices.
Magistrate Judge Gabriel W. Gorenstein issued the order on October 26, 2022, and directed the parties to seek approval from District Judge Paul G. Gardephe unless they consented to have the matter handled by the magistrate judge.
The detailed version
- Tsoi v. Pushkareva · No. 1:22-cv-05592
- Paul Gardephe
- Oct. 26, 2022
What the order concerns
The court stated that it had been informed that Georgi Tsoi and Polina Pushkareva had reached a settlement. The opinion does not provide the settlement’s terms, identify which party would receive payment, or state whether the settlement had already been approved.
Fair Labor Standards Act approval
The court stated that the case includes one or more claims under the Fair Labor Standards Act, a federal law governing certain wage and hour rights. Citing Cheeks v. Freeport Pancake House, Inc., the court explained that the settlement therefore requires court approval.
What the court ordered
The parties were directed to submit an application for settlement approval to District Judge Paul G. Gardephe by November 16, 2022, and to follow any applicable individual practices for that judge. The order also stated that, if the parties consented to have the action decided by Magistrate Judge Gabriel W. Gorenstein, they could submit the required consent form. If the case were reassigned, the same application deadline would apply unless an extension were requested and granted.
The order did not decide the underlying wage-and-hour claims or approve or reject the settlement. It was signed by Gabriel W. Gorenstein, United States Magistrate Judge, on October 26, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.