Perossio v. Pure Growth Consulting, LLC et al.
Filing
48
ORDER. It is hereby ORDERED that all deadlines previously set in this action are vacated. It is further ORDERED that the parties shall submit, no later than December 21, 2022: (a) a joint letter demonstrating that their settlement is fair and reas onable and should be approved in light of the factors enumerated in Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012); (b) a copy of their written settlement agreement, executed by all parties, which will be placed on the pu blic docket, see Wolinsky, 900 F. Supp. 2d at 335; and (c) counsel's contingency fee agreement (if any) and time and expense records, to the extent necessary to support any award of attorneys' fees and costs. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/21/22) (yv)
Case 1:18-cv-01946-BCM Document 48 Filed 11/21/22 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FRANCISCO PABLO PEROSSIO,
Plaintiff,
11/21/2022
18-CV-1946 (BCM)
-againstPURE GROWTH CONSULTING, LLC,
et al.,
ORDER
Defendants.
BARBARA MOSES, United States Magistrate Judge.
The parties having settled their dispute, including claims brought under the Fair Labor
Standards Act (FLSA), and having thereafter consented to Judge Moses's authority for all
remaining proceedings pursuant to 28 U.S.C. ยง 636(c):
It is hereby ORDERED that all deadlines previously set in this action are vacated.
It is further ORDERED that the parties shall submit, no later than December 21, 2022: (a)
a joint letter demonstrating that their settlement is fair and reasonable and should be approved in
light of the factors enumerated in Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36
(S.D.N.Y. 2012); (b) a copy of their written settlement agreement, executed by all parties, which
will be placed on the public docket, see Wolinsky, 900 F. Supp. 2d at 335; and (c) counsel's
contingency fee agreement (if any) and time and expense records, to the extent necessary to support
any award of attorneys' fees and costs.
The parties are cautioned that "it would be the very rare case, if any, where confidentiality
terms in a settlement agreement would be appropriate in resolving a wage-and-hour lawsuit given
the policy concerns underlying the FLSA." Souza v. 65 St. Marks Bistro, 2015 WL 7271747, at *4
(S.D.N.Y. Nov. 6, 2015). This caution extends to so-called non-disparagement clauses, if such
clauses prevent a plaintiff from making truthful statements concerning his employment, the lawsuit
Case 1:18-cv-01946-BCM Document 48 Filed 11/21/22 Page 2 of 2
underlying the proposed settlement, or the settlement itself. See Weng v. T&W Rest., Inc., 2016
WL 3566849, at *4 (S.D.N.Y. June 22, 2016) (Moses, M.J.) (non-disparagement clause "must
include a carve-out for truthful statements about [a plaintiff's] experience in litigating [his] case")
(internal quotation marks omitted; modifications in original).
The parties are further cautioned that courts in this district ordinarily refuse to approve
FLSA settlements that include one-way or overbroad general releases. See, e.g., Lopez v. Poko-St.
Ann L.P., 2016 WL 1319088, at *2 (S.D.N.Y. Apr. 4, 2016) (Moses, M.J.); Pinguil v. We Are All
Frank, Inc., 2018 WL 2538218 (S.D.N.Y. May 21, 2018) (Moses, M.J.).
The parties are further cautioned that this Court's fairness review "extends to the
reasonableness of attorneys' fees and costs." Fisher v. SD Protection, Inc., 948 F. 3d 593, 606 (2d
Cir. 2020). Any proposed award of fees and costs must be memorialized in the written settlement
agreement, personally (not electronically) signed by the parties, and supported by copies of
counsel's contingency fee agreement (if any) and time and expense records, properly authenticated.
Id. at 600. In addition, the Court expects a detailed explanation of the basis for the award. "[T]he
most critical factor in determining the reasonableness of a fee award is the degree of success
obtained." Id. at 606 (quoting Farrar v. Hobby, 506 U.S. 103, 114 (1992)) (internal quotation
marks omitted).
Dated: New York, New York
November 21, 2022
SO ORDERED.
________________________________
BARBARA MOSES
United States Magistrate Judge
2
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