Lopez et al v. ACME American Environmental Co. Inc. et al
| Victor M. Lopez, Luis N. Abreu Fana, Joan E. Bido Valdez, Alex R. Duran, Juan Pablo Gomez Reyes, Eduardo Olaverria, Juan P. Holguin and Edwin Perez |
| ACME American Environmental Co. Inc., ACME American Repair, Inc., Commercial Kitchen Designs, Inc., ACME American Refrigeration, Inc., Factory Parts & Service Co., Inc., Jeffrey Schwartz, Kenneth Stahn, Daniel Kenny, David Estes, Birinder Madan, Derval Lazzari, Gregory Rowehl, Matt Dyckman, John Does 1 Through 10 and Jane Does 1 through 10 |
| 1:2012cv00511 |
| January 20, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| William H. Pauley |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
82
ORDER: By letter dated June 19, 2013, the parties informed the court that they had reached a settlement in principle and expected to file stipulation of dismissal without prejudice under Rule 41(1)(A)(ii). In response to the Court's July 18 orde r, the parties wrote in a letter dated July 26, 2013, that the parties plan to provide a settlement agreement shortly and a fairness hearing is not necessary. Although Picerni v. Bilingual Seit & Preschool Inc., No. 12 Civ. 4938, 2013 WL 646649 (E. D.N.Y. Feb. 22, 2013 ), has raised doubts about the need of fairness hearings in settlements under the Fair Labor Standards Act, the weight of authority in this Circuit holds otherwise. See, e.g., Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 33 5 (S.D.N.Y. 2012) (holding that when "an employee... settle[s] an FLSA claim for unpaid wages for less than the full statutory damages" without supervision by the Secretary of Labor, a district court "must scrutinize the settlement agr eement to determine that the settlement is fair and reasonable"). By August 9, 2013, the parties shall e-mail a letter updating the Court as to the status of settlement. In addition, the parties' obligation to send a joint pretrial order a nd related filings pursuant this Court's Individual Practices by August 26, 2013, remains in effect. Finally, the parties are reminded to send letters as PDF e-mail attachments in accordance with the Court's Individual Practices. SO ORDERED. (Signed by Judge Analisa Torres on 7/30/2013) (rsh)
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Filing
68
MEMORANDUM & ORDER granting in part and denying in part 53 Motion to Dismiss. for the foregoing reasons, Defendants' motions to dismiss are granted in part and denied in part. The Corporate Moving Defendants' motion to dismiss PLaintiffs& #039; FLSA, NYLL, and unjust enrichment claims is granted. The Individual Moving Defendants' motion to dismiss Plaintiffs' FLSA, NYLL, and unjust enrichment claims is denied. Plaintiffs' breach of contract claims against all Moving De fendants are dismissed with leave to amend. Plaintiff must file and serve any amended complaint by 12/21/2012. The Clerk of the Court is directed to terminate the motions pending at ECF. No. 53. (Signed by Judge William H. Pauley, III on 12/6/2012) (tro)
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