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S.D.N.Y.Procedural orderFiled Jan. 25, 2023

Brown v. Chief Fire Prevention & Mechanical Corp.

Judge
Vincent Briccetti
Docket
7:22-cv-03359
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In Brown v. Chief Fire Prevention, Judge Briccetti ordered counsel to seek approval of a settlement in this Fair Labor Standards Act case.

Who this affects

The named plaintiffs, the putative similarly situated plaintiffs described in the caption, Chief Fire Prevention & Mechanical Corp., Frank Mitarotonda, and their counsel are affected by the order requiring a settlement-approval application.

What happened

In Brown v. Chief Fire Prevention & Mechanical Corp., the court said the parties had reached a settlement in principle in a case under the Fair Labor Standards Act, a federal wage law.

The court ordered counsel to submit an application asking the court to approve the settlement by February 24, 2023. The order did not describe the settlement’s terms.

Judge Vincent L. Briccetti issued the order on January 25, 2023. The order did not decide the underlying claims.

The detailed version

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

Case
Brown v. Chief Fire Prevention & Mechanical Corp. · No. 7:22-cv-03359
Judge
Vincent Briccetti
Date
Jan. 25, 2023

Background

Rory Brown, Roshane Powell, Romario Powell, Andrew Morgan, Mickel Kelly, Reynard Morris, Garey Mills, Garrick Robinson, Mario Teape, and Craig Lynch brought this Fair Labor Standards Act (FLSA) case against Chief Fire Prevention & Mechanical Corp. and Frank Mitarotonda. The order states that the parties had reached a settlement in principle.

Court’s action

The court ordered counsel to submit an application for approval of the settlement by February 24, 2023. It stated that the application was required under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The order does not state the settlement’s terms or approve the settlement itself.

Effect of the order

Judge Vincent L. Briccetti entered the order on January 25, 2023. The order addressed the next step for seeking settlement approval and did not decide the merits of the FLSA claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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