Brown v. CE Solutions Group, LLC
- Clarke
- 1:23-cv-03029
- U.S. District Court · Southern District of New York
- 3
In Darnell Brown v. CE Solutions Groups, LLC, Judge Clarke ordered the parties to submit settlement terms for Fair Labor Standards Act approval within 45 days.
The plaintiffs and defendants in the FLSA case, including Darnell Brown and CE Solutions Groups, LLC, are affected because they must submit the proposed settlement terms and supporting materials to the court.
What happened
In Darnell Brown v. CE Solutions Groups, LLC, the parties told the court that they had reached a settlement in principle in a Fair Labor Standards Act case. The settlement was not yet approved.
The court ordered the parties to submit the settlement terms within 45 days, along with a joint letter explaining why the agreement was fair and reasonable. If the agreement includes attorney’s fees, the parties must provide billing records and other support; if it includes release, confidentiality, or non-disparagement provisions, they must explain and support those provisions.
Judge Jessica G. L. Clarke issued the order on September 1, 2023. The order requires additional submissions so the court can review the proposed settlement; it does not approve the settlement in the opinion provided.
The detailed version
- Brown v. CE Solutions Group, LLC · No. 1:23-cv-03029
- Clarke
- Sept. 1, 2023
Background
The parties informed the court that they had reached a settlement in principle in this Fair Labor Standards Act (FLSA) case. The court explained that FLSA claims cannot be privately settled without approval from the district court or the Department of Labor. The court therefore must determine whether the proposed settlement is fair and reasonable.
What the court required
The court ordered the parties, assuming they finalize a settlement agreement, to provide the settlement terms within 45 days. The parties must also submit a joint letter of no more than five pages explaining why the agreement represents a fair and reasonable compromise of disputed issues. The letter must address, at a minimum, the following considerations:
- the plaintiff’s possible recovery; - the burdens and expenses the settlement may avoid; - the litigation risks faced by the parties; - whether experienced counsel reached the agreement through arm’s-length bargaining; and - the possibility of fraud or collusion.
If the agreement includes attorney’s fees, the parties must provide evidence supporting the fee award, including contemporaneous billing records showing each attorney’s date of work, hours spent, and the nature of the work. If the agreement includes a release, confidentiality provision, or non-disparagement provision, the parties must provide support for each provision, including relevant case citations.
Disposition
The court ordered the additional submissions but did not approve the settlement in the opinion provided. Judge Jessica G. L. Clarke issued the order on September 1, 2023.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.