Chuchuca v. Fitzcon Construction G.C. Inc.

Background

The parties appeared before Magistrate Judge James L. Cott for a settlement conference and reached a settlement in principle. The opinion does not identify the claims underlying the lawsuit.

The parties agreed to consent to Judge Cott’s jurisdiction under 28 U.S.C. § 636(c) so that he could review their settlement agreement based on his familiarity with its terms. They stated that they would submit the consent form as soon as practicable and no later than May 19, 2023.

Order

The court directed the parties to file a joint letter motion and their fully executed settlement agreement by May 19, 2023, requesting court approval. The letter motion must explain why the proposed settlement is fair and reasonable and complies with the Second Circuit’s requirements for approval of certain employment settlements, as described in Cheeks v. Freeport Pancake House, Inc.

The court also referred the parties to several Southern District of New York decisions for guidance about permissible settlement terms, including confidentiality provisions, releases, media communications, reemployment provisions, and mutual non-disparagement provisions. The court identified other recently approved settlement papers as examples.

The opinion further states that, as discussed at the settlement conference, the plaintiffs should submit a proposed dismissal order concerning the defaulting defendants Esco Hirf Co. Inc. and Pub Construction/Ren Inc. separately to Judge Abrams. The order did not approve the settlement itself; it directed the parties to request approval by filing the required materials.