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S.D.N.Y.Procedural orderFiled Jan. 11, 2024

Rodriguez v. Cotto

Judge
Stewart Aaron
Docket
1:23-cv-01350
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

In Rodriguez v. Cotto, Magistrate Judge Aaron ordered the parties to explain why their Fair Labor Standards Act settlement is fair and reasonable.

Who this affects

The parties to Rodriguez v. Cotto and their attorneys, who were required to submit information about the proposed settlement and attorney fees.

What happened

Rodriguez v. Cotto includes one or more claims under the Fair Labor Standards Act. The parties told the court that they had reached a settlement.

The court ordered the parties to file a joint letter or motion addressing whether the settlement is fair and reasonable. The filing must discuss the claims, defenses, potential damages, strengths and weaknesses, settlement negotiations, attorney fees, and the settlement agreement itself.

Magistrate Judge Aaron set a February 1, 2024 deadline for that filing. The order did not decide whether to approve the settlement.

The detailed version

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

Case
Rodriguez v. Cotto · No. 1:23-cv-01350
Judge
Stewart Aaron
Date
Jan. 11, 2024

Background

The case includes one or more claims under the Fair Labor Standards Act. On January 9, 2024, the parties informed the court that they had reached a settlement.

Court’s Order

The court cited the requirements of Cheeks v. Freeport Pancake House, Inc. and ordered the parties to file a joint letter or motion addressing whether the settlement is fair and reasonable. The filing must address the claims and defenses, the defendants’ potential monetary exposure and the basis for calculating it, the strengths and weaknesses of the plaintiffs’ case and the defendants’ defenses, reasons for any difference between the potential value of the claims and the settlement amount, the litigation and negotiation process, and other relevant issues, including whether a judgment would be collectible.

The parties must also explain the attorney-fee arrangement, attach the retainer agreement, provide information about the attorneys’ actual hours and relevant experience, and attach the settlement agreement. The filing deadline was Thursday, February 1, 2024. The order also reminded the parties that they could consent to have all proceedings conducted before the magistrate judge.

Disposition

Magistrate Judge Stewart D. Aaron ordered the parties to submit the required settlement materials. The opinion did not approve or reject the settlement and did not decide the underlying Fair Labor Standards Act claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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