Lebenns v. Frost Productions
- Barbara Moses
- 1:21-cv-11155
- U.S. District Court · Southern District of New York
- 2
In Lebenns v. Frost Productions, Judge Moses vacated deadlines and ordered a fairness submission for the parties’ settled Fair Labor Standards Act claims.
Andrew Lebenns, Frost Productions, the other defendants, and their attorneys are affected because the court vacated existing deadlines and required settlement-approval and fee-support materials by May 6, 2024.
What happened
In Lebenns v. Frost Productions, Andrew Lebenns and the defendants told the court that they had settled their dispute, including claims under the Fair Labor Standards Act, a federal wage-and-hour law.
The parties had also agreed that Judge Moses would handle the remaining proceedings. The court vacated all previously set deadlines and ordered the parties to submit materials supporting approval of their settlement.
Judge Moses required the parties to file a joint explanation of why the settlement is fair, the signed settlement agreement, and supporting records for any attorney-fee and cost request by May 6, 2024. She also cautioned against confidentiality terms, overly broad releases, and non-disparagement provisions that would restrict truthful statements.
The detailed version
- Lebenns v. Frost Productions · No. 1:21-cv-11155
- Barbara Moses
- Apr. 22, 2024
Background
Andrew Lebenns and Frost Productions, along with other defendants, settled their dispute. The opinion states that the settlement includes claims under the Fair Labor Standards Act (FLSA), a federal law governing wages and working conditions. The parties subsequently consented to Judge Moses’s authority over all remaining proceedings under 28 U.S.C. § 636(c).
Court’s Orders
The court vacated all deadlines previously set in the case. It ordered the parties to submit, by May 6, 2024, three items: (1) a joint letter explaining why the FLSA settlement is fair and reasonable under the factors identified in Wolinsky v. Scholastic Inc.; (2) a written settlement agreement signed by all parties, which would be filed publicly; and (3) counsel’s retainer agreements and time and expense records as needed to support any request for attorney’s fees and costs.
Settlement Terms and Fees
Judge Moses cautioned that confidentiality provisions are rarely appropriate in FLSA wage-and-hour settlements. She also warned that a non-disparagement clause should not prevent Lebenns from making truthful statements about his employment, the lawsuit, or the settlement. The court further stated that it ordinarily will not approve one-way or overly broad general releases. Any proposed attorney-fee and cost award must be included in the written settlement agreement and supported by properly authenticated retainer agreements and time and expense records, together with an explanation of the basis for the award.
Disposition
The court did not approve or reject the settlement in this order. It vacated the existing deadlines and required the parties to submit materials for the court’s fairness review of the FLSA settlement and any related fee request.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.