Tatacoya Flores et al v. 153 J and J Food Market Corp. et al

Filing 16

ORDER: It has been reported to the Court by the mediator's office that agreement has been reached on all issues in this Fair Labor Standards Act ("FLSA") case. By no later than June 10, 2022, the parties shall take one of the two actions set forth in this order. (Signed by Judge Ronnie Abrams on 5/10/2022) (ate)

Case 1:21-cv-09917-RA Document 16 Filed 05/10/22 Page 1 of 2
USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 05/10/2022

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOSE ANTONIO TATACOYA FLORES,
Plaintiff,

No. 21-CV-9917 (RA)

v.

ORDER

153 J AND J FOOD MARKET CORP.,
JULIAN RAMOS,
Defendants.
RONNIE ABRAMS, United States District Judge:

It has been reported to the Court by the mediator’s office that agreement has been reached
on all issues in this Fair Labor Standards Act (“FLSA”) case. By no later than June 10, 2022, the
parties shall take one of the following two actions:
1. Consent to conducting all further proceedings before Magistrate Judge Aaron by
completing

and

filing

the

consent

form

that

is

available

at

http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civilaction-magistrate-judge.

As the form indicates, no adverse substantive

consequences will arise if the parties choose not to proceed before Judge Aaron.
2. Submit a joint letter setting forth their views as to why their settlement is fair and
reasonable and should be approved, accompanied by all necessary supporting
materials, including contemporaneous billing records for the attorney’s fees and
costs provided for in the settlement agreement. In light of the presumption of public
access attaching to “judicial documents,” Lugosch v. Pyramid Co. of Onondaga,
435 F.3d 110, 119 (2d Cir. 2006), the parties are advised that materials on which

Case 1:21-cv-09917-RA Document 16 Filed 05/10/22 Page 2 of 2

the Court relies in making its fairness determination will be placed on the public
docket, see Wolinsky v. Scholastic Inc., No. 11-CV-5917 (JMF), 2012 WL
2700381, at *3–7 (S.D.N.Y. July 5, 2012).
The parties are advised, however, that the Court will not approve of settlement
agreements in which:
(a) Plaintiffs “waive practically any possible claim against the defendants,
including unknown claims and claims that have no relationship whatsoever to
wage-and-hour issues,” Gurung v. White Way Threading LLC, 226 F. Supp. 3d
226, 228 (S.D.N.Y. 2016) (internal quotation marks omitted); and
(b) Plaintiffs are “bar[red] from making any negative statement about the
defendants,” unless the settlement agreement “include[s] a carve-out for
truthful statements about [P]laintiffs’ experience litigating their case,” LazaroGarcia v. Sengupta Food Servs., No. 15-CV-4259 (RA), 2015 WL 9162701, at
*3 (S.D.N.Y. Dec. 15, 2015) (internal quotation marks omitted).

SO ORDERED.
Dated:

May 10, 2022
New York, New York
Ronnie Abrams
United States District Judge

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