Grant v. United Cerebral Palsy Associations Of New York State, Inc.

Background

The parties reported that they had reached a settlement. The opinion states that the claims included claims under the Fair Labor Standards Act.

Court’s directive

The court cited Cheeks v. Freeport Pancake House, Inc., which requires judicial review of settlements involving Fair Labor Standards Act claims. The court directed the parties to file a joint letter by January 9, 2023, containing enough information for the court to evaluate whether the settlement was fair and reasonable.

The letter had to 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 defenses, reasons for any difference between the potential value of the claims and the settlement amount, and the litigation and negotiation process. It also had to address other relevant issues, including whether a judgment would be collectible if the case went to trial.

The parties were further directed to explain the attorney-fee arrangement, attach the retainer agreement, provide details about the attorney fees actually incurred, and attach the settlement agreement to the letter or a motion.

Disposition

Judge Mary Kay Vyskocil adjourned all upcoming appearances and deadlines until further order. The order required the parties to provide information for the court’s review; it did not approve or reject the settlement.