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S.D.N.Y.Procedural orderFiled June 27, 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
Civil ProcedureFlsa
In one sentence

In Kirton v. Concepts of Independence, Judge Broderick granted the parties’ request to extend their FLSA settlement-approval deadline by two weeks.

Who this affects

Judy Kirton and Concepts of Independence, Inc.; the deadline for their Fair Labor Standards Act settlement-approval motion was extended to July 12, 2023.

What happened

Judy Kirton brought a proposed group and class lawsuit 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 but were still finalizing its written documents.

Kirton asked, with Concepts of Independence’s consent, for more time to submit a motion seeking approval of the settlement of her Fair Labor Standards Act claims. The requested extension would move the deadline from June 28, 2023, to July 12, 2023, without changing any other deadlines. It was the parties’ second extension request; the court had granted the first.

Judge Vernon S. Broderick granted the application. The order extended the deadline to submit the settlement-approval motion to July 12, 2023; it did not state that the settlement itself was approved.

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 27, 2023

Background

Judy Kirton, represented by counsel, brought 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.

The court had set June 28, 2023, as the deadline for Kirton to file a motion seeking approval of the settlement as to her Fair Labor Standards Act claims. The parties were continuing to finalize the settlement documents and said they needed a brief extension before submitting the approval motion.

Application and Ruling

Kirton requested, with Concepts of Independence’s consent, that the deadline be extended by two weeks, from June 28 to July 12, 2023. The request stated that no other deadlines would be affected and that it was the parties’ second request for an extension, with the earlier request having been granted.

Judge Vernon S. Broderick granted the application. The order extended the deadline to submit the settlement-approval motion to July 12, 2023. The order did not itself approve the settlement.

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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