Garcia v. Progressive Maintenance LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK anne ee eK TEODORO GARCIA, et al., : Plaintiffs, : ORDER -V.- : 19 Civ. 3518 (GWG) PROGRESSIVE MAINTENANCE LLC, 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 March 15, 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 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). 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. Finally, a copy of the settlement agreement itself must accompany the joint letter or motion. SO ORDERED. Dated: February 22, 2021 New York, New York A ta) Dagalee Halt W.% ee ret

GABRIEL W.GORENSTEIN United States Magistrate Judge