Trinidad v. 62 Realty, LLC
- Rochon
- 1:22-cv-00101
- U.S. District Court · Southern District of New York
- 2
In Trinidad v. 62 Realty, Judge Rochon denied defendants’ motion for judgment on the pleadings as moot after the parties reached a settlement in principle.
The plaintiffs, the defendants, and their attorneys were affected. The defendants’ motion for judgment on the pleadings was denied as moot, and the parties’ settlement-approval and attorneys’ fees proceedings were placed on the schedule described in the order.
What happened
In Gilberto Trinidad et al. v. 62 Realty, LLC, et al., the plaintiffs brought wage claims under federal and New York law. The parties told the court that they had reached a settlement in principle, but still needed to put it in writing and resolve the plaintiffs’ request for attorneys’ fees and costs.
The parties asked for deadlines to submit the settlement for court approval and to brief the fees issue. They also asked to postpone the defendants’ motion for judgment on the pleadings while the settlement process continued. The court adopted the proposed briefing schedule and said it would refer settlement approval and fees issues to Magistrate Judge Gorenstein for a recommendation.
Judge Jennifer L. Rochon denied the defendants’ motion for judgment on the pleadings as moot, without prejudice to renewal if the settlement is not approved. The parties were also directed to discuss whether they would consent to having Magistrate Judge Gorenstein handle the remaining proceedings.
The detailed version
- Trinidad v. 62 Realty, LLC · No. 1:22-cv-00101
- Rochon
- Dec. 15, 2022
Background
The plaintiffs asserted wage claims under the Fair Labor Standards Act and the New York Labor Law. After a settlement conference before Magistrate Judge Gabriel W. Gorenstein on December 5, 2022, the parties informed the court that they had reached a settlement in principle. The proposed settlement did not resolve the plaintiffs’ attorneys’ fees and costs, which remained for agreement between the parties or determination by the court.
The parties requested a December 28, 2022 deadline to submit an executed settlement agreement and a joint request for approval under Cheeks v. Freeport Pancake House, Inc. They also proposed a schedule for the plaintiffs’ motion for attorneys’ fees and costs, the defendants’ opposition, and the plaintiffs’ reply. The defendants separately asked plaintiffs’ counsel to provide a billing history by December 20, 2022, so the parties could discuss the fees.
Ruling
In light of the settlement in principle, Judge Rochon denied the defendants’ motion for judgment on the pleadings, ECF No. 65, as moot, without prejudice to renewal if the settlement is not approved. A motion for judgment on the pleadings asks the court to decide a case based on the pleadings—the formal documents stating the parties’ claims and defenses.
The court adopted the proposed briefing schedules. It also stated that, by a separate order, it would refer the settlement-approval and attorneys’ fees motions to Magistrate Judge Gorenstein for a report and recommendation. The parties were directed to discuss consent to conducting all further proceedings before him and, if both consented, to submit the required form by December 23, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.