Wilson v. Quinn et al

Filing 30

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 3, 2021: (a) a joint letter demonstrating that their settlement is fair and reaso nable 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 pub lic 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 and further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 11/18/2021) (rro)

Case 1:21-cv-04846-BCM Document 30 Filed 11/18/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
11/18/2021

MARIE JOANNA WILSON,
Plaintiff,
-againstDOUG QUINN, et al.,

21-CV-4846 (MKV) (BCM)
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. § 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 3, 2021: (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
underlying the proposed settlement, or the settlement itself. See Weng v. T&W Rest., Inc., 2016

Case 1:21-cv-04846-BCM Document 30 Filed 11/18/21 Page 2 of 2

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 [her] 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, 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: November 18, 2021
New York, New York
SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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