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S.D.N.Y.Procedural orderFiled Nov. 14, 2022

Stefanovic v. Old Heidelberg Corp.

Judge
Laura Swain
Docket
1:18-cv-02093
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaEmploymentCivil Procedure
In one sentence

In Stefanovic v. Old Heidelberg Corp., Judge Swain ordered the parties to submit a proposed settlement for court approval as to Fair Labor Standards Act claims.

Who this affects

The four named plaintiffs, the two named defendants, and their attorneys were required to submit the proposed settlement and supporting materials for court review.

What happened

Stefanovic v. Old Heidelberg Corp. is an action brought by Andjela Stefanovic, Uros Dukic, Bojana Novakovic, and Danijel Mirkov against Old Heidelberg Corp., doing business as Heidelberg Restaurant, and Eva Matischak. The parties’ attorneys told the court that the action had been or would be settled.

The court ordered the parties to file their proposed settlement agreement by December 5, 2022. The filing must include a declaration and any other evidence needed to show that the agreement is fair and reasonable for the claims under the Fair Labor Standards Act.

Judge Laura Taylor Swain did not approve the settlement in this order. She required the parties to submit it for the court’s review and approval.

The detailed version

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

Case
Stefanovic v. Old Heidelberg Corp. · No. 1:18-cv-02093
Judge
Laura Swain
Date
Nov. 14, 2022

Background

The plaintiffs are Andjela Stefanovic, Uros Dukic, Bojana Novakovic, and Danijel Mirkov. The defendants are Old Heidelberg Corp., doing business as Heidelberg Restaurant, and Eva Matischak. The parties’ attorneys advised the court that the action had been or would be settled.

Court’s Order

The court ordered the parties to file their proposed settlement agreement by December 5, 2022. The court’s review was required insofar as the agreement addressed claims under the Fair Labor Standards Act, a federal law governing certain wage and hour matters.

The parties’ request for approval had to include a declaration and any other evidence necessary to support a finding that the proposed agreement was fair and reasonable. The order cited Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 205 (2d Cir. 2015).

Disposition and Effect

Judge Laura Taylor Swain ordered submission of the proposed settlement for court approval. The order did not itself approve or reject the settlement and did not decide the underlying claims.

The authoritative version

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

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