Sierra v. Joan Bertoli Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK anne ee eK BERNARDINO SIERRA et al., : Plaintiffs, : ORDER -V.- : Civ. 5687 (GWG) JOAN BERTOLI INC. et al., : Defendants. : anne ee eK GABRIEL W. GORENSTEIN, UNITED STATES MAGISTRATE JUDGE This case contains one or more claims arising under the Fair Labor Standards Act. 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 November 19, 2021, and must 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; and 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 must also disclose the attorney fee arrangement, attach a copy of the retainer agreement, and provide information as to actual attorney’s fees expended. Finally, a copy of the settlement agreement itself must accompany the joint letter or motion.

SO ORDERED.

Dated: November 9, 2021 New York, New York So Grose United States Magistrate Judge