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

Background

The court was notified that the parties had reached a settlement in this Fair Labor Standards Act case. The opinion does not describe the underlying wage-and-hour allegations or the settlement’s terms.

Court’s instructions

The court stated that the parties could not dismiss the action with prejudice based on the settlement unless either the court or the Department of Labor approved the settlement. A dismissal with prejudice would end the case and bar refiling the same claims. The court directed the parties to file a letter motion and the settlement agreement on the public docket within 30 days, and specifically by January 13, 2023.

The letter motion had to explain why the proposed settlement was fair and reasonable. It had to address the plaintiff’s possible recovery; the burdens and expenses the parties could avoid through settlement; the seriousness of the litigation risks; whether the agreement resulted from arm’s-length bargaining between experienced counsel; and the possibility of fraud or collusion. It also had to address whether there was a genuine dispute about the number of hours worked or the compensation owed, and how much the plaintiff’s attorney would seek in fees. The court stated that, absent special circumstances, it would not approve a settlement filed under seal or in redacted form.

Disposition

The court did not approve or reject the settlement in this order. It ordered the parties to submit the required letter or stipulation by January 13, 2023. All other filing deadlines, conference dates, and the trial date were adjourned without a new date being set. The order was entered by Judge J. Paul Oetken.