Sanchez v. Cosan Construction Corp.
- Sarah Cave
- 1:21-cv-06744
- U.S. District Court · Southern District of New York
- 2
In Sanchez v. Cosan Construction Corp., Judge Cave canceled a conference and ordered settlement materials for review of a proposed Fair Labor Standards Act settlement.
The plaintiffs, defendants, and proposed settlement class are affected. The parties must submit settlement materials, and the plaintiffs’ class-certification motion and other case deadlines are paused or postponed.
What happened
In Sanchez v. Cosan Construction Corp., the parties told the court that they had reached a settlement in principle in a case involving claims under the Fair Labor Standards Act. The court therefore canceled the January 5, 2024 conference.
The parties must file a joint letter-motion by February 2, 2024, addressing whether the settlement is fair and reasonable. They must discuss the claims, defenses, potential damages, strengths and weaknesses of the case, settlement negotiations, attorney fees and costs, and include the settlement agreement and fee records.
The court paused its decision on the plaintiffs’ request for class certification while the settlement is reviewed and approved, and postponed all other deadlines without setting a new date. Judge Sarah L. Cave issued the order; it did not approve the settlement itself.
The detailed version
- Sanchez v. Cosan Construction Corp. · No. 1:21-cv-06744
- Sarah Cave
- Jan. 3, 2024
Background
The plaintiffs—Lauro Sanchez, Juan Eusebio Santiago, and Gustavo Mendez—brought the case on behalf of themselves and others similarly situated against Cosan Construction Corp., AMCG Inc., Trade Solutions Inc., Terrence James Ferguson, and Aaron King. The opinion states that the case includes one or more claims under the Fair Labor Standards Act. The parties advised the court that they had reached a settlement in principle.
Court’s Order
The court canceled the conference scheduled for January 5, 2024. Because Fair Labor Standards Act settlements require judicial review in this court, the parties were ordered to file a joint letter-motion by February 2, 2024, for the attention of the Honorable Jennifer L. Rochon. The filing must address whether the settlement is fair and reasonable, including the claims and defenses, defendants’ potential monetary exposure and the basis for its calculation, the strengths and weaknesses of the plaintiffs’ case and defendants’ defenses, reasons for any difference between the potential value of the claims and the settlement amount, and the litigation and negotiation process.
The filing must also explain the attorneys’ fee arrangement, include any retainer agreement, provide records of actual fees and costs, and attach the settlement agreement. The court held the plaintiffs’ motion for class certification in abeyance—meaning it paused consideration of that motion—pending review and approval of the settlement. All other deadlines were adjourned without a new date. Judge Sarah L. Cave’s order required submission of these materials but did not itself approve the settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.