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

Background

The opinion states that the case includes one or more claims under the Fair Labor Standards Act, a federal law governing matters such as minimum wages and overtime. The parties had reached a settlement that required court review under the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc.

Order

The court ordered the parties to file a joint letter or motion addressing whether the settlement is fair and reasonable. The filing must address:

- the claims and defenses; - the defendant’s potential monetary exposure and the basis for those calculations; - the strengths and weaknesses of the plaintiff’s case and the defendant’s defenses; - any other factors explaining a difference between the potential value of the claims and the settlement amount; - the litigation and negotiation process; and - other issues relevant to whether the settlement is reasonable, including whether a judgment would be collectible if the case went to trial.

The parties must also disclose their attorney-fee arrangement, attach the retainer agreement, provide information about actual attorney’s fees spent, and attach the settlement agreement.

Disposition

The required joint letter or motion was due January 10, 2023. The order required information for the court’s review but did not approve or reject the settlement and did not decide the underlying claims. Judge Gabriel W. Gorenstein issued the order.