Moreno Martinez v. Rockwood

Background

The court received the parties’ fully signed settlement agreement and a letter from counsel requesting approval under Cheeks v. Freeport Pancake House Inc. The opinion states that the court was familiar with the underlying dispute because it conducted a settlement conference on February 8, 2024. The opinion identifies the released claims as wage-and-hour claims but does not describe the underlying allegations in further detail.

Settlement Review

The court reviewed the agreement under the standards used to determine whether a wage-and-hour settlement is fair and reasonable. It approved the economic terms, including the settlement amount for each plaintiff, the payment schedule, and the plaintiffs’ remedies if the agreement is breached. The opinion does not state the settlement amounts.

The court also approved the non-economic terms, including the release and non-disparagement clauses. Although the release was not mutual, the court found that it was acceptable because the plaintiffs’ release was limited to wage-and-hour claims that were or could have been asserted in this action.

The plaintiffs’ pro bono counsel agreed not to accept an attorney-fee award. The agreement provided that counsel would receive only $400 from the total settlement amount, representing the filing fee paid to begin the action. The court found the attorney-fee and cost provisions fair and reasonable.

Ruling and Continuing Jurisdiction

The court APPROVED the Settlement Agreement. Consistent with the parties’ agreement, it retained jurisdiction of the action until the defendant completed the obligation described in Paragraph 1.b.11 of the agreement. The court directed plaintiffs’ counsel to notify it by letter by November 18, 2024, whether the defendant had fully met his payment obligations.