Acosta v. Abed
- James Cott
- 1:21-cv-10147
- U.S. District Court · Southern District of New York
- 3
Jose Acosta v. ABC Five Wings, Judge Cott directed the parties to seek court approval of their wage-and-hour settlement.
Jose Acosta and the defendants identified in the opinion as ABC Five Wings, Inc., et ano.; the order requires the parties to submit their settlement for court approval.
What happened
In Jose Acosta v. ABC Five Wings, Inc., et ano., the parties told the court they had agreed to settle the wage-and-hour case on January 17, 2023.
The court ordered the parties to file a joint letter motion and their settlement agreement by February 17, 2023. The papers must explain why the proposed settlement is fair, reasonable, and consistent with applicable Second Circuit requirements.
Judge James L. Cott also directed the parties to submit the settlement papers to Judge Oetken unless they consented to Judge Cott reviewing the settlement. The order directed the parties to seek approval; it did not itself approve the settlement.
The detailed version
- Acosta v. Abed · No. 1:21-cv-10147
- James Cott
- Jan. 18, 2023
Background
The opinion identifies this as a wage-and-hour case. The parties agreed to a settlement on January 17, 2023.
What the Court Ordered
The court directed the parties to file a joint letter motion with their settlement agreement by February 17, 2023, requesting court approval. The motion must explain why the proposed settlement is fair and reasonable and otherwise complies with the Second Circuit's decision in Cheeks v. Freeport Pancake House, Inc.
The parties were directed to submit their settlement papers to Judge Oetken unless they agreed to consent to Judge Cott's jurisdiction to review the settlement under 28 U.S.C. § 636(c). The order also referred the parties to several of Judge Cott's prior rulings for guidance about settlement terms, including provisions concerning publicity, reemployment, media communications, releases, non-disparagement, confidentiality, and general releases. It listed several recently approved settlement papers as examples.
Disposition
Judge James L. Cott ordered the parties to take these steps to request settlement approval. The order did not approve or reject the settlement and did not decide the underlying wage-and-hour claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.