Olibares v. MK Cuisine Global LLC
- Vernon Broderick
- 1:21-cv-10694
- U.S. District Court · Southern District of New York
- 2
In Olibares v. MK Cuisine Global LLC, Judge Broderick ordered representation materials, a status letter, and a conference after questions about settlement authority.
Mr. Robert Ontell, the parties and counsel in the case, Khalil Saliba, and Belga Corp.; the order also required action by Ms. Brennan.
What happened
Olibares v. MK Cuisine Global LLC is a wage-and-hour case involving collective and class plaintiffs. After a February 22, 2024 hearing, the court addressed questions about whether Mr. Robert Ontell represented certain parties and had authority to settle for them.
The order required Mr. Ontell to file an affidavit identifying the parties he formally represented, when he was retained, and the source of his settlement authority. He also had to submit his retainer agreements, relevant client communications, and billing records confidentially for the judge’s review. The parties had to file a joint letter proposing next steps, including how to address Khalil Saliba’s failure to respond to the complaint and Belga Corp.’s lack of legal representation.
Judge Vernon S. Broderick also scheduled a telephone status conference for April 11, 2024, and directed service of the order on Mr. Ontell. The order did not decide the underlying wage-and-hour claims.
The detailed version
- Olibares v. MK Cuisine Global LLC · No. 1:21-cv-10694
- Vernon Broderick
- Feb. 22, 2024
Background
The plaintiffs are Rosa Olibares and Adam Russell, on behalf of themselves, an Fair Labor Standards Act collective, and a class. The opinion is an order issued after a show-cause hearing on February 22, 2024. The order states that questions arose about which parties Mr. Robert Ontell formally represented and whether he had authority to enter into a settlement agreement for each party. It also states that certain defendants might challenge his authority to represent them, including in connection with mediation and settlement.
Orders Concerning Mr. Ontell
The court ordered Mr. Ontell to file an affidavit by March 14, 2024, listing the parties he formally represented in the case. The affidavit must address:
- when he was retained in the matter; and - the source of his authority to enter into a settlement agreement for each party.
The court also ordered him to submit confidentially and directly to the court, for the judge’s review, copies of all retainer agreements governing his representation, client communications concerning the mediation and settlement agreement, and billing records relating to his work, including mediation-related records and work connected with the settlement.
Further Case Management
The parties were ordered to submit a joint status letter by March 28, 2024, proposing next steps. The letter must address the issues discussed at the hearing and the parties’ positions on how to proceed in light of Khalil Saliba’s failure to respond to the complaint and Belga Corp.’s lack of legal representation. If the parties disagree, the letter must present each disputed issue in separately designated sections with the parties’ respective positions.
The court also ordered counsel for all parties to appear by telephone at a status conference on April 11, 2024, at 2:00 p.m. Ms. Brennan was directed to serve the order on Mr. Ontell and file proof of service by February 28, 2024.
Disposition
Judge Vernon S. Broderick entered case-management and information-gathering orders. The order did not resolve the underlying claims or state whether the settlement was approved or enforceable.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.