Barranco v. La Isla Restaurant, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK penne nen eee K DANIEL BARRANCO : Plaintiff, : ORDER -V.- : Civ. 1323 (GWG) LA ISLA RESTAURANT, INC., : Defendants. : penne nen eee K GABRIEL W. GORENSTEIN, UNITED STATES MAGISTRATE JUDGE It appears that the parties have reached a settlement in this case. Because the complaint contains claims arising under the Fair Labor Standards Act and 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 October 17, 2022, 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: October 3, 2022 New York, New York Seb Gros United States Magistrate Judge