Small v. Stellar Management LTD

Miers Wel DOCUMENT ELECTRONICALL UNITED STATES DISTRICT COURT DOC #: LLY FILED SOUTHERN DISTRICT OF NEW YORK Fe DATE FILED: _ 10/6/2020 Jonathan Small, Plaintiff, 1:20-cv-02540 (SDA) -against- ORDER Stellar Management LTD et al., Defendants.

STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE: This case contains one or more claims arising under the Fair Labor Standards Act. The parties apprised the Court on September 18, 2020 that a settlement has been reached. (ECF No. 18.) The parties thereafter consented to have all proceedings held before me. (ECF No. 22.) 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. Accordingly, the Clerk of Court is respectfully requested to re-open this case.

Any such letter or motion shall be filed by Tuesday, October 20, 2020, 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 October 6, 2020 STEWART D. AARON United States Magistrate Judge