Butler v. The All American Bar on First Avenue Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALLA BUTLER, IAN HANNAH, AND EDITH ZAGROD,

Plaintiffs,

-v- CIVIL ACTION NO.: 21 Civ. 164 (SLC)

ORDER TO SUBMIT SETTLEMENT THE ALL AMERICAN BAR ON FIRST AVENUE INC., MATERIALS 58 E. 34TH ST. WINGS LODGE INC., ROBERT J. GEROLA, JR., ROBERT O'ROURKE, CLAUDINE M. O’ROURKE, and LOUISE DEMARCO,

Defendants.

SARAH L. CAVE, United States Magistrate Judge. On June 2, 2022, the parties consented to the jurisdiction of a United States Magistrate Judge for all purposes. (ECF No. 90). On June 10, 2022, the parties advised the Court that they have agreed to a settlement. 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-Motion that addresses whether the settlement is fair and reasonable. The parties must file their Letter-Motion by June 17, 2022, 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 1 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-Motion should also explain the attorney fee arrangement, attach a copy of any retainer agreement, and provide information as to actual attorneys’ fees expended (including billing records and costs documentation). Finally, a copy of the settlement agreement itself must accompany the joint Letter-Motion. Dated: New York, New York June 13, 2022 SO ORDERED.

( A L. Ub United States Magistrate Judge