Nesbeth v. New York City Management LLC et al

Filing 247

ORDER TO SUBMIT SETTLEMENT MATERIALS, This case contains one or more claims arising under the Fair Labor Standards Act. In light of the requirements of Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the parties must file a j oint Letter-Motion that addresses whether the settlement is fair and reasonable. The parties must file their Letter-Motion by March 26, 2020, and should address the claims and defenses, the defendants' potential monetary exposure and the base s for any such calculations, the strengths and weaknesses of the plaintiff's case and the defendants' defenses, any other factors that justify the discrepancy between the potential value of plaintiff's claims and the settlement amou nt, the litigation and negotiation process, as well as any other issues that might be pertinent to the question of whether the settlement is reasonable (for example, the collectability of any judgment if the case went to trial) and as further set forth in this Order. SO ORDERED. (Motions due by 3/26/2020.) (Signed by Magistrate Judge Sarah L Cave on 3/5/20) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NICHOLAS NESBETH,
Plaintiff,
against

CIVIL ACTION NO.: 17 Civ. 8650 (SLC)
ORDER TO SUBMIT
SETTLEMENT MATERIALS

NEW YORK CITY MANAGEMENT LLC, et al.,
Defendants.

This case contains one or more claims arising under the Fair Labor Standards Act. In light
of the requirements of Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the
parties must file a joint Letter-Motion that addresses whether the settlement is fair and
reasonable.
The parties must file their Letter-Motion by March 26, 2020, and should address the
claims and defenses, the defendants’ potential monetary exposure and the bases for any such
calculations, the strengths and weaknesses of the plaintiff’s’ case and the defendants’ defenses,
any other factors that justify the discrepancy between the potential value of plaintiff’s claims and
the settlement amount, the litigation and negotiation process, as well as any other issues that
might be pertinent to the question of whether the settlement is reasonable (for example, the
collectability of any judgment if the case went to trial).
The joint Letter-Motion should also explain the attorney fee arrangement, attach a copy
of the retainer agreement, and provide information as to actual attorney’s fees expended.
Finally, a copy of the settlement agreement itself must accompany the joint Letter-Motion.
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Dated:

New York, New York
March 5, 2020

SO ORDERED
_________________________
SARAH L. CAVE
United States Magistrate Judge

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