Perez Lopez v. The Boil C & C Corp.
- Gabriel Gorenstein
- 1:23-cv-06741
- U.S. District Court · Southern District of New York
- 1
In Norman Adalid Perez Lopez v. The Boil C&C Corp., Magistrate Judge Gorenstein ordered settlement disclosures for the Fair Labor Standards Act claims.
The plaintiffs and defendants in the Fair Labor Standards Act case, including the parties’ settlement and attorney-fee disclosures.
What happened
Norman Adalid Perez Lopez v. The Boil C&C Corp. involves claims under the Fair Labor Standards Act, a federal wage-and-hour law. The parties proposed a settlement, and the court required them to address whether it is fair and reasonable.
The parties must file a joint letter or motion by April 17, 2024. It must explain the claims and defenses, the defendants’ possible financial exposure, the strengths and weaknesses of both sides’ positions, the settlement amount, and the negotiation process. It must also include the settlement agreement and information about attorney fees and requested expenses.
Magistrate Judge Gabriel W. Gorenstein issued the order on March 27, 2024. He did not approve or reject the settlement in this order; he directed the parties to provide the required information for the court’s review.
The detailed version
- Perez Lopez v. The Boil C & C Corp. · No. 1:23-cv-06741
- Gabriel Gorenstein
- Mar. 27, 2024
Background
The case includes one or more claims under the Fair Labor Standards Act, a federal law governing certain wage and hour rights. The opinion states that the parties proposed a settlement. Because settlements of these claims require judicial review under Cheeks v. Freeport Pancake House, Inc., the court required additional information before considering whether the settlement is fair and reasonable.
Required filing
The parties must file a joint letter or motion by April 17, 2024. 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 plaintiffs’ case and the defendants’ defenses; - any factors explaining the difference between the potential value of the claims and the settlement amount; - the litigation and negotiation process; and - other matters relevant to whether the settlement is reasonable, including whether a judgment would be collectible if the case went to trial.
The filing must also disclose the attorney-fee arrangement, attach the retainer agreement, and state the actual attorney fees incurred. Requests for costs or expenses other than the filing fee must be supported by copies of invoices. The parties must attach the settlement agreement itself.
Ruling and effect
Magistrate Judge Gabriel W. Gorenstein ordered the parties to submit the specified joint letter or motion by the deadline. This order did not approve or reject the proposed settlement and did not state a final ruling on the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.