Marquez v. Rosebox LLC
- Stewart Aaron
- 1:23-cv-08171
- U.S. District Court · Southern District of New York
- 2
In Marquez v. Rosebox LLC, Judge Aaron required the parties to submit materials supporting the fairness of their Fair Labor Standards Act settlement.
Lily Andreina Sosa Marquez, the other similarly situated people she seeks to represent, Rosebox LLC, the other defendants, and their attorneys.
What happened
In Marquez v. Rosebox LLC, the parties reached a settlement during a January 17, 2024, settlement conference before Judge Stewart D. Aaron. The case includes one or more claims under the Fair Labor Standards Act, and the parties later agreed that Judge Aaron would handle all proceedings.
Because federal courts must review these settlements for fairness and reasonableness, the court required the parties to file a joint letter or motion by February 7, 2024. The filing must discuss the claims and defenses, the defendants’ possible financial exposure, the strengths and weaknesses of the case, the settlement amount, and the negotiation process.
The filing must also explain the attorneys’ fee arrangement, include the retainer agreement and information about attorney hours and experience, and attach the settlement agreement. Judge Stewart D. Aaron did not approve the settlement in this order; he required the parties to provide the information needed for review.
The detailed version
- Marquez v. Rosebox LLC · No. 1:23-cv-08171
- Stewart Aaron
- Jan. 24, 2024
Background
Lily Andreina Sosa Marquez brought this case individually and on behalf of others similarly situated against Rosebox LLC and other defendants. The opinion states that the case includes one or more claims under the Fair Labor Standards Act. The parties reached a settlement at a settlement conference held before Judge Stewart D. Aaron on January 17, 2024. They later agreed that all proceedings would be held before him.
Required settlement submission
The court cited Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and stated that the parties must address whether their settlement is fair and reasonable. The court required a joint letter or motion by February 7, 2024.
That filing must address:
- the claims and defenses; - the defendants’ potential monetary exposure and the basis for calculating it; - the strengths and weaknesses of the plaintiff’s case and the defendants’ defenses; - any reasons for a difference between the potential value of the claims and the settlement amount; - the litigation and negotiation process; and - other issues relevant to whether the settlement is reasonable, including whether a judgment would be collectible if the case went to trial.
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 itself.
Ruling
The order required the parties to submit the specified materials for review. It did not approve or reject the settlement. Judge Stewart D. Aaron entered the order on January 24, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.