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S.D.N.Y.Procedural orderFiled June 6, 2023

Kirton v. Concepts of Independence, Inc.

Judge
Vernon Broderick
Docket
1:22-cv-08552
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaEmploymentCivil Procedure
In one sentence

In Kirton v. Concepts of Independence, Judge Broderick ordered a three-week extension for filing the parties’ settlement-approval motion.

Who this affects

The extension affected Judy Kirton and Concepts of Independence, Inc. by moving the deadline for their settlement-approval motion from June 7 to June 28, 2023.

What happened

Judy Kirton brought a proposed group and class action against Concepts of Independence, Inc., alleging violations of the Fair Labor Standards Act and New York Labor Law. The parties had reached a settlement in principle.

The parties asked to move the deadline for filing their motion seeking approval of the settlement from June 7, 2023, to June 28, 2023, because they were still finalizing and signing the agreement. They said no other deadlines would change and that this was their first extension request.

Judge Vernon S. Broderick ordered the requested three-week extension. The order did not decide the underlying wage claims or approve the settlement itself.

The detailed version

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

Case
Kirton v. Concepts of Independence, Inc. · No. 1:22-cv-08552
Judge
Vernon Broderick
Date
June 6, 2023

Background

Judy Kirton filed a proposed collective and class action against Concepts of Independence, Inc. The complaint alleged violations of the Fair Labor Standards Act and the New York Labor Law. The parties had reached a settlement in principle, but the specific settlement terms had not yet been finalized, approved, and signed.

Request

The court had set June 7, 2023, as the deadline for Kirton to file a motion seeking approval of the settlement of her Fair Labor Standards Act claims. Kirton requested, with the parties’ consent, a three-week extension to June 28, 2023, so the parties could finalize and execute the settlement agreement. The request stated that no other deadlines would be affected and that it was the first request for an extension of this deadline.

Ruling

The court ordered the requested extension. The order addressed only the filing deadline; it did not rule on the alleged wage violations and did not itself approve the settlement. Judge Vernon S. Broderick entered the order on June 6, 2023.

The authoritative version

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

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