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S.D.N.Y.Procedural orderFiled Jan. 17, 2023

Ramirez v. 1701 Pizza Ltd.

Judge
Andrew Carter
Docket
1:21-cv-00792
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureFee Petition
In one sentence

Ramirez v. 1701 Pizza, Judge Aaron ordered the parties to submit their settlement for fairness review.

Who this affects

The plaintiffs and defendants in the action, and their attorneys, were required to provide the settlement agreement and supporting information to the court.

What happened

In Ramirez v. 1701 Pizza Ltd., the parties informed the court that they had reached an agreement resolving all issues in the case.

The court required the parties to submit the settlement agreement and a letter explaining why the agreement, including attorney fees and costs, was fair and reasonable. The submission was due February 7, 2023.

Judge Aaron also required information about the claims, defenses, possible damages, settlement negotiations, and attorney-fee arrangements, but he did not approve or reject the settlement in this order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Ramirez v. 1701 Pizza Ltd. · No. 1:21-cv-00792
Judge
Andrew Carter
Date
Jan. 17, 2023

Background

The parties advised the court that they had reached an agreement on all issues in the action. The opinion does not identify the claims or defenses.

Court’s Action

The court stated that it would review the settlement under Cheeks v. Freeport Pancake House, Inc., which requires review of certain settlements to determine whether they are fair, reasonable, and adequate. The court ordered the parties to provide a copy of the settlement agreement and a joint letter or motion explaining why the settlement met that standard. The filing deadline was Tuesday, February 7, 2023.

The required submission had to address the claims and defenses, the defendants’ potential monetary exposure and the basis for calculating it, the strengths and weaknesses of the plaintiffs’ case and the defendants’ defenses, any reasons for a difference between the potential value of the claims and the settlement amount, the litigation and negotiation process, and other relevant issues, including whether a judgment would be collectible if the case went to trial.

The parties also had to explain the attorney-fee arrangement, attach the retainer agreement, and provide information about the attorneys’ hours and experience. The order did not approve or reject the settlement. It also stated that the parties could consent to Judge Aaron’s jurisdiction for the settlement review by filing a consent form.

Disposition

Judge Aaron ordered the parties to submit the settlement materials and supporting explanation. The opinion does not state a final disposition of the settlement or the action.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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