Crawford et al v. Leeding Builders Group, LLC et al

Filing 29

ORDER: Therefore, the Court will not approve the parties' stipulation, and the case remains open. By March 6, 2024, the parties shall submit their settlement, letter motion, and exhibits in suppo1t of the fairness of the settlement. The let ter motion must explain why the proposed settlement is fair and reasonable and should discuss, at a minimum, the following factors: (As further set forth herein.) The parties may consent to proceed before the Honorable Jennifer Willis, who would then oversee the approval of the settlement. If the parties consent to Judge Willis's jurisdiction, by March 6, 2024, they shall file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at ht tps://nysd.uscourts.gov/node/754 on the docket. The parties are free to withhold consent without negative consequences. If the Court approves that form, all further proceedings will then be conducted before Judge Willis rather than before me. An i nformation sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. SO ORDERED. (Signed by Judge Analisa Torres on 2/7/2024) (va)

Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012) (quoting Medley v. Am.
Cancer Soc’y, 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 be seeking as
fees. See Cheeks, 796 F.3d at 202, 207.
Any request for attorneys’ fees must be accompanied by supporting documentation. “In this
circuit, a proper fee request ‘entails submitting contemporaneous billing records documenting, for
each attorney, the date, the hours expended, and the nature of the work done.’” Lopez v. Nights of
Cabiria, LLC, 96 F. Supp. 3d 170, 181 (S.D.N.Y. 2015) (quoting Wolinsky, 900 F. Supp. 2d at 336).
Absent special circumstances, the Court will not approve any settlement agreement that is
filed under seal or in redacted form. See id. at 177 n. 44. In addition, absent compelling
circumstances, the Court will not approve settlement agreements containing sweeping non-disclosure
provisions, see id. at 179–80; Flood v. Carlson Rests. Inc., No. 14 Civ. 2740, 2015 WL 4111668, at
*2 (S.D.N.Y. July 6, 2015), or broad releases waiving claims having no relation to FLSA issues, see
Flood, 2015 WL 4111668, at *2.
The parties may consent to proceed before the Honorable Jennifer Willis, who would then
oversee the approval of the settlement. If the parties consent to Judge Willis’s jurisdiction, by March
6, 2024, they shall file a fully executed Notice, Consent, and Reference of a Civil Action to a
Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 on the docket. The parties are
free to withhold consent without negative consequences. If the Court approves that form, all further
proceedings will then be conducted before Judge Willis rather than before me. An information sheet
on proceedings before magistrate judges is also attached to this order. Any appeal would be taken
directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent
form were not signed and so ordered.
SO ORDERED.
Dated: February 7, 2024
New York, New York

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