Conde v. ROM Grocery Corp.

District Court, S.D. New York

Conde v. ROM Grocery Corp.

Trial Court Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: ED: 3/15/2021 Felipe Conde, on behalf of himself and DATE FILED:__ 3/15/2021 _ others similarly situated, 1:20-cv-02086 (KPF) (SDA Plaintiff, Y (KPF) (SDA)

. ORDER -against- ROM Grocery Corp. d/b/a Bagels & Schmear 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 March 5, 2021 that a settlement has been reached. The parties thereafter consented to have all proceedings held before me. (ECF No. 26.) 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 Monday, March 29, 2021, 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 plaintiff's case and the defendants’ 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 15, 2021

STEWART D. AARON United States Magistrate Judge

Reference

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