Grant v. Elmax Builders Supply, LLC

Filing 27

ORDER: This case contains one or more claims arising under the Fair Labor Standards Act. A settlement was reached by the parties at a settlement conference before me on March 16, 2021. The parties thereafter consented to have all proceedings held bef ore me. (ECF No. 26.) In light of the requirements of Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), theparties must file a joint letter or motion that addresses whether the settlement is fair and reasonable. Any such letter or motion shall be filed by Friday, April 23, 2021, 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 plaintiffs' case and the d efendants' defenses, any other factors that justify the discrepancy between the potential value of plaintiffs' 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 or motion should also explain the attorney fee arrangement, attach a copyof the retainer agreement, and provide information as to actual attorney's hours expended and the relevant experience of the attorney(s). Finally, a copy of the settlement agreement itself must accompany the joint letter or motion. SO ORDERED., ( Motions due by 4/23/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 4/01/2021) (ama)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 4/1/2021 Lambert Grant, Plaintiff, -against- 1:20-cv-02353 (SDA) ORDER Elmax Builders Supply, LLC, Defendant. STEWART D. AARON, United States Magistrate Judge: This case contains one or more claims arising under the Fair Labor Standards Act. A settlement was reached by the parties at a settlement conference before me on March 16, 2021. The parties thereafter consented to have all proceedings held before me. (ECF No. 26.) 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 or motion that addresses whether the settlement is fair and reasonable. Any such letter or motion shall be filed by Friday, April 23, 2021, 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 plaintiffs’ case and the defendants’ defenses, any other factors that justify the discrepancy between the potential value of plaintiffs' 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 or motion should also explain the attorney fee arrangement, attach a copy of the retainer agreement, and provide information as to actual attorney’s hours expended and the relevant experience of the attorney(s). Finally, a copy of the settlement agreement itself must accompany the joint letter or motion. SO ORDERED. DATED: New York, New York April 1, 2021 ______________________________ STEWART D. AARON United States Magistrate Judge 2

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