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S.D.N.Y.Procedural orderFiled Dec. 26, 2023

Lazo v. Falcone

Judge
Sarah Netburn
Docket
1:22-cv-10587
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In Lazo v. Falcone, Judge Netburn ordered the parties to submit their proposed Fair Labor Standards Act settlement for fairness review.

Who this affects

Carmen Lazo and Philip Falcone, the parties to the Fair Labor Standards Act case, must submit the proposed settlement and supporting explanation for court review.

What happened

In Lazo v. Falcone, the parties told the court that they had reached a settlement in principle in this Fair Labor Standards Act case.

The court ordered the parties to file their settlement agreement and a joint letter by January 22, 2024. The letter must explain the basis for the settlement and why it is fair and reasonable.

Judge Sarah Netburn postponed all other dates and deadlines indefinitely while the court reviews the proposed settlement.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Lazo v. Falcone · No. 1:22-cv-10587
Judge
Sarah Netburn
Date
Dec. 26, 2023

Background

Carmen Lazo brought this action against Philip Falcone under the Fair Labor Standards Act, a federal law governing certain wage and hour requirements. The parties informed the court that they had reached a settlement in principle.

Court’s Analysis

Because the case involves Fair Labor Standards Act claims, the court explained that it must review the settlement agreement for fairness. The court cited decisions stating that settlements of these claims require approval by the district court or the U.S. Department of Labor to take effect, and identifying factors relevant to evaluating the fairness and reasonableness of a proposed settlement and attorney-fee award.

Order

The court ordered the parties to file their settlement agreement by January 22, 2024. By 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 also postponed all future dates and deadlines indefinitely. Judge Sarah Netburn signed the order on December 26, 2023.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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