Rosario v. 2022 Eastchester LLC
- Gabriel Gorenstein
- 1:20-cv-09182
- U.S. District Court · Southern District of New York
- 1
In Rosario v. 2022 Eastchester LLC, Judge Gorenstein directed the parties to seek approval of their Fair Labor Standards Act settlement from Judge Stein.
The plaintiffs and defendants in Rosario v. 2022 Eastchester LLC, whose settlement required court approval.
What happened
In Rosario v. 2022 Eastchester LLC, the deadline for the defendants to oppose the plaintiffs’ request for a default judgment had expired. The parties had instead reached a settlement that could eliminate the need to pursue that request.
Because the case includes claims under the Fair Labor Standards Act, the settlement must receive court approval. The parties were directed to submit an approval application to District Judge Sidney Stein by April 26, 2024.
Judge Gabriel W. Gorenstein issued this order. The order did not approve the settlement or decide the default-judgment request; it directed the parties to seek the required approval.
The detailed version
- Rosario v. 2022 Eastchester LLC · No. 1:20-cv-09182
- Gabriel Gorenstein
- Apr. 12, 2024
Background
The defendants’ deadline to oppose the plaintiffs’ request for a default judgment had expired. The opinion states that the parties had reached a settlement that would eliminate the need to continue pursuing the default-judgment request.
Court’s Analysis
The case includes one or more claims under the Fair Labor Standards Act, a federal law governing certain wage and hour matters. The court stated that the settlement therefore required approval under the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc.
The order also stated that the parties could consent to have the action adjudicated by Magistrate Judge Gorenstein under 28 U.S.C. § 636(c), but it did not state that they had done so.
Ruling
The parties were directed to submit the required settlement-approval application to District Judge Sidney Stein by April 26, 2024. If the case were reassigned, the same deadline would apply unless an extension was requested and granted. The order did not itself approve the settlement, rule on the default-judgment request, or resolve the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.