Espinoza v. Westside Supermarket LLC
- Sidney Stein
- 1:21-cv-08368
- U.S. District Court · Southern District of New York
- 1
In Espinoza v. Westside Supermarket, Judge Gorenstein directed the parties to seek approval of their reported Fair Labor Standards Act settlement.
The plaintiffs and defendants in the case, whose reported Fair Labor Standards Act settlement required a court-approval application.
What happened
In Espinoza v. Westside Supermarket LLC, the parties reported that they had reached a settlement. The case included one or more claims under the Fair Labor Standards Act, a federal law governing wage and hour rights.
The court said the settlement required approval under Second Circuit precedent. It directed the parties to submit an approval application to District Judge Paul G. Gardephe by February 2, 2023, following his stated procedures.
Magistrate Judge Gabriel W. Gorenstein issued the order. The order did not approve or reject the settlement; it directed the parties to seek the required approval and explained that they could consent to have the action decided by the magistrate judge.
The detailed version
- Espinoza v. Westside Supermarket LLC · No. 1:21-cv-08368
- Sidney Stein
- Jan. 12, 2023
Background
The plaintiffs, Angel Espinoza and others, sued Westside Supermarket LLC and others. The opinion states that the parties reported reaching a settlement. It also states that the case included one or more claims under the Fair Labor Standards Act, the federal wage-and-hour statute.
Court’s Action
The court explained that the settlement required judicial approval under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). It directed the parties to submit an application for approval to District Judge Paul G. Gardephe by February 2, 2023, in compliance with any applicable individual practices of that judge.
The order did not itself approve or reject the settlement. It also stated that the parties could consent to have the action adjudicated by Magistrate Judge Gabriel W. Gorenstein by completing and filing the required consent form. If the case were reassigned, the same application deadline would apply unless an extension were granted.
Disposition
The court ordered the parties to make the settlement-approval application by the stated deadline. The opinion does not state the settlement’s terms or the amount of any payment.
Judge and Metadata Discrepancy
The supplied case information identifies Sidney Stein as the judge, but the opinion text identifies Gabriel W. Gorenstein as the United States Magistrate Judge who issued and signed the order and directs the application to District Judge Paul G. Gardephe. This summary uses the judge identified in the opinion text.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.