Thermidor et al v. Alteration Group of NY, LLC et al

Filing 36

ORDER. The Court has been notified that the parties have reached a settlement in principle in this Fair Labor Standards Act case. The parties are advised that they may not dismiss this action with prejudice unless the settlement agreement has been ap proved by either the Court or the Department of Labor (DOL). See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Any letter motion, along with the settlement agreement, must be filed on the public docket within thirty days o f this order. The letter motion must explain why the proposed settlement is fair and reasonable and should discuss, at a minimum, the following factors: (1) the plaintiff's range of possible recovery; (2) the extent to which "the settlement will enable the parties to avoid anticipated burdens and expenses in establishing their respective claims and defenses"; (3) the seriousness of the litigation risks faced by the parties; (4) whether "the settlement agreement is the product of arm's-length bargaining between experienced counsel"; and (5) the possibility of fraud or collusion. Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012) (quoting Medley v. Am. Cancer Soc., No. 10 Civ. 3214, 2010 WL 300 0028, at *1 (S.D.N.Y. July 23, 2010)). The letter must also address whether there is a bona fide dispute as to the number of hours worked or the amount of compensation due and how much of the proposed settlement plaintiff's attorney shall be see king as fees. Cheeks, 796 F.3d at 203, 206. Absent special circumstances, the Court will not approve any settlement agreement that is filed under seal or in redacted form. Id. at 206. The parties are directed to file a letter or stipulation, in accor dance with the instructions above, on or before April 5, 2020. All other filing deadlines, conference dates, and the trial date are adjourned sine die. SO ORDERED. The following deadline(s) was terminated: Deposition Deadline. Fact Discovery Deadline. Motions Deadline. Status Report Deadline. Trial Ready Deadline. (Signed by Judge J. Paul Oetken on 3/5/2020) (rjm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JEAN M. THERMIDOR et al.,
Plaintiffs,
19-CV-4572 (JPO)
-vORDER
ALTERATION GROUP OF NY, LLC. et
al.,
Defendants.

J. PAUL OETKEN, District Judge:
The Court has been notified that the parties have reached a settlement in principle in this
Fair Labor Standards Act case. The parties are advised that they may not dismiss this action with
prejudice unless the settlement agreement has been approved by either the Court or the
Department of Labor (DOL). See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206
(2d Cir. 2015).

Any letter motion, along with the settlement agreement, must be filed on the

public docket within thirty days of this order. The letter motion must explain why the proposed
settlement is fair and reasonable and should discuss, at a minimum, the following factors:
(1) the plaintiff’s range of possible recovery; (2) the extent to
which “the settlement will enable the parties to avoid anticipated
burdens and expenses in establishing their respective claims and
defenses”; (3) the seriousness of the litigation risks faced by the
parties; (4) whether “the settlement agreement is the product of
arm's-length bargaining between experienced counsel”; and (5) the
possibility of fraud or collusion.
Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012) (quoting Medley v. Am.
Cancer Soc., No. 10 Civ. 3214, 2010 WL 3000028, at *1 (S.D.N.Y. July 23, 2010)). The letter
must also address whether there is a bona fide dispute as to the number of hours worked or the
amount of compensation due and how much of the proposed settlement plaintiff’s attorney shall

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be seeking as fees. Cheeks, 796 F.3d at 203, 206. Absent special circumstances, the Court will
not approve any settlement agreement that is filed under seal or in redacted form. Id. at 206.
The parties are directed to file a letter or stipulation, in accordance with the instructions
above, on or before April 5, 2020. All other filing deadlines, conference dates, and the trial date
are adjourned sine die.
SO ORDERED.
Dated: March 5, 2020
New York, New York
____________________________________
J. PAUL OETKEN
United States District Judge

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