Cruz v. Alpine Construction & Renovation Corp.
- James Cott
- 1:23-cv-02748
- U.S. District Court · Southern District of New York
- 2
In Cruz v. Alpine Construction, Judge Cott directed the parties to submit their proposed settlement for court approval after reaching agreement in principle.
Luis Cruz and the other plaintiffs, Alpine Construction & Renovation Corp. and the other defendants, and the parties' proposed settlement. The parties were directed to submit the settlement for court approval, but the court had not approved it in this order.
What happened
In Cruz v. Alpine Construction & Renovation Corp., the parties attended a settlement conference before Judge James L. Cott and reached a settlement in principle.
The court directed the parties to file a joint request and their signed settlement agreement by May 24, 2024. The request must explain why the settlement is fair, reasonable, and consistent with applicable Second Circuit requirements.
Judge Cott ordered the parties to submit those materials for review; the order did not itself approve the settlement or decide the underlying claims.
The detailed version
- Cruz v. Alpine Construction & Renovation Corp. · No. 1:23-cv-02748
- James Cott
- Apr. 29, 2024
Background
The parties appeared before Magistrate Judge James L. Cott for a settlement conference and reached a settlement in principle. They also agreed to consent to the magistrate judge's authority over the case under 28 U.S.C. § 636(c), allowing him to review the settlement agreement.
Court's Order
The court directed the parties to file a joint letter motion and their fully signed settlement agreement by May 24, 2024. The letter must explain why the proposed settlement is fair and reasonable and complies with the Second Circuit's requirements for reviewing settlements in wage-and-hour cases. The court also directed the parties to consult prior rulings addressing potentially impermissible settlement terms, including restrictions on discussing the settlement, reemployment provisions, broad releases, non-disparagement clauses, and confidentiality provisions.
Disposition and Effect
Judge Cott ordered the parties to submit the settlement materials for court approval. The order did not approve the settlement, resolve the merits of the claims, or state the amount or other terms of the proposed agreement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.