Skayian v. 33 Captain's Cafe, LLC
- Lewis Liman
- 1:23-cv-10941
- U.S. District Court · Southern District of New York
- 2
In Skayian v. 33 Captain's Cafe, LLC, Judge Liman ordered a fairness submission and hearing for the parties' proposed Fair Labor Standards Act settlement.
The plaintiff, the defendants, and their attorneys must provide information about the proposed settlement and attend the scheduled telephone hearing; the plaintiff was asked to attend and may use an interpreter if needed.
What happened
The parties in Skayian v. 33 Captain's Cafe, LLC reached a settlement in principle in a lawsuit under the Fair Labor Standards Act. The court had not yet approved the settlement.
The court ordered the parties to submit a joint letter explaining why the settlement, including any attorney-fee award, was fair and reasonable. The letter must address confidentiality, non-disparagement terms, releases, and supporting documentation for attorney fees and costs.
Judge Lewis J. Liman scheduled a telephone hearing for April 16, 2024, and asked the plaintiff to attend, with an interpreter if needed. The court dismissed any pending motions as moot and canceled the remaining conferences and deadlines, including trial and pretrial deadlines.
The detailed version
- Skayian v. 33 Captain's Cafe, LLC · No. 1:23-cv-10941
- Lewis Liman
- Mar. 19, 2024
Background
The parties reported that they had reached a settlement in principle. The lawsuit was brought under the Fair Labor Standards Act, a federal law governing certain wage and hour rights.
Court's Order
The court ordered the parties to submit a joint letter by March 27, 2024, explaining the basis for the proposed settlement and why it should be approved as fair and reasonable. The letter must discuss any confidentiality provisions, non-disparagement provisions, or releases in the proposed agreement.
If the proposed settlement includes an attorney-fee award, the parties must address that award and provide supporting documentation when appropriate. The court stated that merely identifying the fee's proportion of the total settlement is not enough; fee reasonableness must be supported by adequate records, normally including contemporaneous time records showing each attorney's date, hours worked, and work performed. The court warned that insufficient documentation could lead it to reject the proposed fee award.
Hearing and Other Matters
The court directed the parties to appear by telephone for a settlement-approval hearing on April 16, 2024, at 11:00 a.m. The plaintiff was asked to attend and, if necessary, to use an interpreter. The court dismissed any pending motions as moot and canceled all other conferences and deadlines, including trial and pretrial deadlines.
Disposition
The court did not approve the settlement in this order. Instead, it required additional information and scheduled a hearing to consider approval. Judge Lewis J. Liman entered the order on March 19, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.