Miguel Baez Duran v. E L G Parking Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GERARDO MIGUEL BAEZ DURAN AND WILSON FRANCISCO SANCHEZ CRUZ, individually and on behalf of others similarly situated, CIVIL ACTION NO.: 18 Civ. 6685 (SLC) Plaintiffs, AMENDED ORDER TO -v- SUBMIT SETTLEMENT MATERIALS

E L G PARKING INC. d/b/a E L G PARKING INC., et al, Defendants.

SARAH L. CAVE, United States Magistrate Judge.

On February 13, 2023, the parties in this wage-and-hour case under the Fair Labor Standards Act (“FLSA”) consented to my jurisdiction under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73 for purposes of reviewing their proposed settlement. (ECF No. 143). On February 14, 2023, the Court advised the parties that “[p]ursuant to the requirements of Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the parties must file a joint letter-motion that addresses whether the settlement is fair and reasonable (the ‘Letter-Motion’).” (ECF No. 144 (the “Feb. 14 Order”) (emphasis added)). The Court also included in the Feb. 14 Order a list of all of the items the parties must address in the Letter-Motion, including: a copy of the settlement agreement, an explanation of the attorneys’ fees arrangement, a copy of any retainer and information as to actual attorneys’ fees expended and costs incurred (including billing records and costs documentation), the parties’ claims and defenses, 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). (Id.) To date, the parties have not filed the Letter-Motion. Accordingly, by Wednesday, March 8, 2023, the parties shall file the Letter-Motion. The parties are reminded that “parties cannot privately settle FLSA claims with a stipulated dismissal with prejudice under Federal Rule of Civil Procedure 41 absent the approval of the district court or the Department of Labor.” Fisher v. SD Prot. Inc., 948 F.3d 593, 599 (2d Cir. 2020).

Dated: New York, New York March 1, 2023 SO ORDERED.

Siclet AHL. C United States Magistrate Judge