Pena v. 220 East 197 Realty LLC

Background

The court was notified that the parties had reached a settlement in this Fair Labor Standards Act case. The order does not describe the underlying wage claims, the proposed settlement amount, or whether the court approved the settlement.

Court’s directions

The court advised that the parties may not dismiss the action with prejudice based on the settlement unless the settlement is approved by the court or the Department of Labor. The parties were directed to file a letter or stipulation, together with the settlement agreement, on the public docket by October 8, 2023.

The filing must explain why the proposed settlement is fair and reasonable. It must address at least the plaintiff’s possible recovery, the burdens and expenses the settlement would avoid, the litigation risks, whether experienced counsel negotiated at arm’s length, and the possibility of fraud or collusion. It must also discuss whether a genuine dispute exists about the number of hours worked or the compensation due, and how much the plaintiff’s attorney will seek in fees.

Other case scheduling

Absent special circumstances, the court stated that it would not approve a settlement filed under seal or in redacted form. Judge J. Paul Oetken adjourned all other filing deadlines, conference dates, and the trial date without setting new dates.

Disposition

This was a procedural order directing the parties to submit materials for possible settlement approval. It did not approve or reject the settlement and did not decide the merits of the Fair Labor Standards Act claims.