De Jesus Serrano v. Lexington Fresh Farm Inc.

Background

The court was notified that the parties had reached a settlement in this Fair Labor Standards Act case. The order does not state the settlement amount or other terms, and it does not approve the agreement.

Settlement-Approval Requirements

The court advised that the parties could not dismiss the action with prejudice based on the settlement unless the agreement was approved by either the court or the Department of Labor. The parties could seek approval by filing a letter motion and the settlement agreement on the public docket within 60 days of the order.

The letter motion had to explain why the proposed settlement was fair and reasonable. It also had to address:

- the plaintiff’s possible range of recovery; - the burdens and expenses the settlement would avoid in proving the claims and defenses; - the seriousness of the litigation risks; - whether experienced counsel negotiated the agreement at arm’s length; and - the possibility of fraud or collusion.

The filing also had to address whether a genuine dispute existed about the number of hours worked or the compensation owed, and how much the plaintiff’s attorney would seek in fees. The court stated that, absent special circumstances, it would not approve an agreement filed under seal or in redacted form.

Order

The parties were directed to file a letter or stipulation meeting these requirements by January 16, 2024. The court adjourned all other filing deadlines, conference dates, and the trial date without setting new dates.

Disposition

The order sets procedures for submitting the reported settlement for approval. It does not approve or reject the settlement and does not decide the underlying wage claims.