Vicinanza v. Horizon Window Treatments, Inc.

Background

Vincent Vicinanza and Luis Morales sued Horizon Window Treatments, Inc. and Eric Abikzer. The court was informed that the parties had reached a settlement. The opinion states that the claims included claims arising under the Fair Labor Standards Act, a federal law governing matters such as minimum wages and overtime pay.

Court’s Order

Because the case included Fair Labor Standards Act claims, the court required additional information before evaluating whether the settlement was fair and reasonable. The court directed the parties to file a joint letter by March 24, 2023. The letter must discuss:

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

The parties also had to explain their attorney-fee arrangement, attach the retainer agreement, provide details about the attorney fees actually incurred, and submit a copy of the settlement agreement.

Disposition

Judge Mary Kay Vyskocil ordered the parties to provide the requested information so the court could evaluate the settlement. The opinion does not state that the court approved or rejected the settlement.