Cox v. Procida Construction Corp.
- Sarah Netburn
- 1:22-cv-10549
- U.S. District Court · Southern District of New York
- 1
In Cox v. Procida Construction Corp., Judge Netburn ordered the parties to file their proposed FLSA settlement for fairness review.
The plaintiffs, including Kyle Cox, and the defendants, including Procida Construction Corp., are affected because they must file the proposed settlement agreement and a joint explanatory letter by January 12, 2024.
What happened
Kyle Cox and the other plaintiffs sued Procida Construction Corp. and the other defendants under the Fair Labor Standards Act. The parties told the court they had reached a settlement in principle.
Because the case involved Fair Labor Standards Act claims, the court said it must review the settlement to determine whether it is fair. The court ordered the parties to file the settlement agreement and a joint explanation by January 12, 2024.
Judge Sarah Netburn also postponed all future dates and deadlines indefinitely. The order did not approve the settlement or decide the underlying claims.
The detailed version
- Cox v. Procida Construction Corp. · No. 1:22-cv-10549
- Sarah Netburn
- Dec. 14, 2023
Background
The plaintiffs brought this action under the Fair Labor Standards Act, a federal law governing wage and hour matters. The parties informed the court that they had reached a settlement in principle.
Court’s Action
The court explained that a settlement of Fair Labor Standards Act claims must be reviewed for fairness. It cited decisions identifying factors relevant to evaluating whether a proposed settlement and any attorney-fee award are fair and reasonable.
The court ordered the parties to file their settlement agreement by January 12, 2024. On the same date, they must file a joint letter explaining the basis for the proposed settlement and why it is fair and reasonable. The court adjourned all future dates and deadlines indefinitely.
Disposition
This order required further filings for settlement review. It did not approve the settlement or resolve the underlying claims.
Judge
United States Magistrate Judge Sarah Netburn entered the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.