Montero v. Primo Home Services Installation Inc.
- Ho
- 1:23-cv-07340
- U.S. District Court · Southern District of New York
- 1
Montero v. Primo Home Services, Judge Ho ordered materials for court review of the parties’ settled Fair Labor Standards Act claims.
The parties to the FLSA case, including Bryan Montero and Primo Home Services Installation, Inc., and the court’s review of their proposed settlement.
What happened
In Montero v. Primo Home Services Installation Inc., the parties told the Southern District of New York that they had settled all issues after mediation through the court’s Mediation Program.
The court explained that, in the Second Circuit, parties generally cannot privately settle Fair Labor Standards Act claims through a dismissal with prejudice unless the court or the Department of Labor approves the settlement.
Judge Dale E. Ho ordered the parties to file materials for settlement approval by April 19, 2024. The order did not itself approve the settlement.
The detailed version
- Montero v. Primo Home Services Installation Inc. · No. 1:23-cv-07340
- Ho
- Mar. 18, 2024
Background
The parties informed the court that they had reached a settlement resolving all issues after mediation through the Southern District of New York’s Mediation Program. The opinion identifies the dispute as involving claims under the Fair Labor Standards Act (FLSA).
Settlement-Approval Requirement
The court stated that, in the Second Circuit, parties cannot privately settle FLSA claims through a stipulated dismissal with prejudice under Federal Rule of Civil Procedure 41 unless the district court or the Department of Labor approves the settlement. The court cited Second Circuit decisions describing factors courts use to evaluate whether a proposed settlement and attorneys’ fees are fair and reasonable.
Order
Judge Dale E. Ho ordered the parties to file materials seeking approval under the cited settlement-review standard by April 19, 2024. The opinion does not state that the court approved or rejected the settlement.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.