Morisseau v. Global A Brands, INC.
- Stewart Aaron
- 1:23-cv-05679
- U.S. District Court · Southern District of New York
- 2
In Morisseau v. Global A Brands, Judge Aaron required papers supporting review of the parties’ reported Fair Labor Standards Act settlement.
Gaelle Morisseau, Global A Brands, Inc., and the other defendants in the case are affected because they must submit materials supporting judicial review of their reported settlement.
What happened
In Morisseau v. Global A Brands, the parties told the court that they had reached a settlement in a case involving claims under the Fair Labor Standards Act. The order does not state the settlement amount or other settlement terms.
The court required the parties to file a joint letter or motion explaining why the settlement is fair and reasonable. The filing must discuss the claims, defenses, possible damages, the strengths and weaknesses of the case, the negotiation process, attorney fees, the fee agreement, and the settlement agreement itself. It must be filed by April 19, 2024.
Judge Stewart D. Aaron issued the order, but Judge Paul G. Gardephe remained the presiding judge because the parties had not consented to Magistrate Judge Aaron’s jurisdiction. The order directed future requests about the required filing to Judge Gardephe and reminded the parties that they could consent to Judge Aaron’s jurisdiction.
The detailed version
- Morisseau v. Global A Brands, INC. · No. 1:23-cv-05679
- Stewart Aaron
- Mar. 21, 2024
Background
Gaelle Morisseau brought a case against Global A Brands, Inc. and other defendants that includes one or more claims under the Fair Labor Standards Act. On March 20, 2024, the parties informed the court that they had reached a settlement.
Required settlement submission
The court stated that, under the requirements for reviewing Fair Labor Standards Act settlements, the parties must file a joint letter or motion addressing whether their 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 plaintiff’s 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 could be collected after trial.
The filing must also explain the attorney-fee arrangement, include the retainer agreement, provide information about the actual attorney fees incurred and the attorneys’ relevant experience, and include the settlement agreement. The deadline was Friday, April 19, 2024.
Judicial authority and order
Because the parties had not consented to Magistrate Judge Aaron’s jurisdiction, Judge Paul G. Gardephe remained the presiding judge. The court directed that further requests concerning the required joint letter or motion be addressed to Judge Gardephe, while reminding the parties that they could consent to Judge Aaron’s jurisdiction for all purposes. The order required the settlement-review submission; it did not state that the settlement had been approved or rejected.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.