Duran v. Amsterdam 1883-1887 LLC

Background

This was a Fair Labor Standards Act case brought by Biondys Duran against Amsterdam 1883-1887 LLC and Staffpro, Inc. On July 20, 2023, the parties filed a settlement agreement and a joint letter explaining its terms.

Settlement Review

The court evaluated whether the proposed settlement was fair and reasonable. It considered the plaintiff’s possible recovery, the burdens and expenses the settlement would avoid, the litigation risks, whether experienced counsel negotiated the agreement at arm’s length, and the possibility of fraud or collusion.

The court found that the settlement was fair and reasonable and resulted from arm’s-length negotiations, rather than fraud or collusion. The court noted that Duran was represented by counsel, that the parties had participated in the court’s mediation program, that Duran would receive a significant portion of the estimated unpaid wages claimed, and that the agreement included a waiver of rent and other costs valued at approximately $48,000. The agreement did not contain a confidentiality clause.

Attorney’s Fees and Disposition

The court approved attorney’s fees equal to one-third of the recovered amount as fair and reasonable. Judge Jennifer H. Rearden approved the parties’ settlement and dismissed the case with prejudice. The court also ruled that any pending motions were moot and directed the clerk to close the case.