DiEoreo v. Ascent Conference LLC
- Gregory Woods
- 1:22-cv-09907
- U.S. District Court · Southern District of New York
- 2
In DiEoreo v. Ascent Conference, Judge Woods ordered more information about released wage claims before reviewing the proposed settlement.
The plaintiff and his counsel, who were directed to provide additional information about the wage-and-hour claims released by the proposed settlement; the proposed settlement review was also affected.
What happened
In DiEoreo v. Ascent Conference LLC, the court scheduled a conference to review the parties’ proposed settlement of the plaintiff’s wage-and-hour case. The court noted that the plaintiff’s recovery estimate covered only unpaid overtime under the Fair Labor Standards Act, while the settlement would also release claims under New Hampshire statutes.
The court said it needed more information to evaluate the plaintiff’s possible recovery. It directed the plaintiff’s lawyer to file a letter explaining whether the additional released claims changed that possible recovery, stating the revised range if they did, and providing calculations for any additional recovery.
Judge Gregory H. Woods ordered the letter filed by noon Eastern time on July 13, 2023, before the scheduled settlement-review conference. The order did not approve or reject the proposed settlement.
The detailed version
- DiEoreo v. Ascent Conference LLC · No. 1:22-cv-09907
- Gregory Woods
- July 12, 2023
Background
The court had scheduled a July 14, 2023 conference to review the proposed settlement under the Second Circuit’s requirements for reviewing settlements of Fair Labor Standards Act (FLSA) claims. The plaintiff’s estimate of his claimed unpaid overtime under the FLSA excluded claims under New Hampshire law and statutory penalties. The settlement agreement, however, released wage-and-hour claims under the FLSA and other New Hampshire statutes.
Court’s Analysis
The court explained that it needed additional information to assess the plaintiff’s “range of possible recovery.” It directed the plaintiff’s counsel to address whether including claims outside the FLSA claim that were brought in the complaint but waived in the settlement agreement changed that range. If the range changed, counsel had to provide the revised range and a chart showing the calculations for any additional recovery available through those claims.
Order
Judge Gregory H. Woods directed the plaintiff’s counsel to file the requested letter and calculations on the docket by 12:00 p.m. Eastern time on July 13, 2023. The order set no final disposition of the proposed settlement; it requested information needed for the court’s later review.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.