Cruz v. Steven Madden Ltd.

Filing 15

ORDER: This case contains one or more claims arising under the Fair Labor Standards Act. The Court has been informed that the parties reached a settlement during mediation on January 22, 2025. (ECF No. 11.) The parties thereafter consented to have all proceedings held before the undersigned. (Consent, ECF No. 14.) 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 Thursday, March 20, 2025, and should address the claims and defenses, the defendant's potential monetary exposure and the bases for any such calculations, the strengths and weaknesses of the plaintiff's case and the defendant's defenses, any other factors that justify the discrepancy between the potential value of plaintiff's 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 a ttorney fee arrangement, attach a copy of the retainer agreement, and provide information as to actual attorney's fees 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. (Signed by Magistrate Judge Stewart D. Aaron on 3/6/2025) (kl)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

3/6/2025

Arnel Cruz,
Plaintiff,
-against-

1:24-cv-08273 (SDA)
ORDER

Steve Madden Ltd.,
Defendant.
STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE:
This case contains one or more claims arising under the Fair Labor Standards Act. The
Court has been informed that the parties reached a settlement during mediation on January 22,
2025. (ECF No. 11.) The parties thereafter consented to have all proceedings held before the
undersigned. (Consent, ECF No. 14.) 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 Thursday, March 20, 2025, and should address
the claims and defenses, the defendant’s potential monetary exposure and the bases for any
such calculations, the strengths and weaknesses of the plaintiff’s case and the defendant’s
defenses, any other factors that justify the discrepancy between the potential value of plaintiff’s
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 fees 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
March 6, 2025
______________________________
STEWART D. AARON
United States Magistrate Judge

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