Pinckney v. Riverbay Corporation
| 1:2019cv03541 |
| April 22, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E. Caproni |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
28
ORDER: WHEREAS the proposed agreement contains a non-disparagement provision without exempting true statements, see Dkt. 27-1 at 7; IT IS HEREBY ORDERED that the motion to approve the proposed settlement agreement as fair and reasonable is DENIED because of the inclusion of overbroad release, non-disparagement, and confidentiality or non-disclosure provisions; as further set forth herein. The Court also cannot conclude that Plaintiff's recovery and counsel 9;s fees and costs are reasonable without an accounting of Plaintiff's potential recovery and counsel's fees and costs. In sum, the Court will not approve the proposed settlement unless the additional information is provided, the ov erbroad provisions are removed or narrowed, and the damages provision is removed. IT IS FURTHER ORDERED that the parties must submit a revised settlement for approval no later than April 17, 2020. Plaintiff's counsel must provide, by the same date, a reviewable assessment of Plaintiff's maximum recovery at trial, and a breakdown of counsel's costs and fees and the lodestar multiplier. IT IS FURTHER ORDERED that the status conference currently scheduled for April 3, 2020, is adjourned pending the submission of the foregoing documents. (Signed by Judge Valerie E. Caproni on 3/30/2020) (mro)
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Filing
22
ORDER: IT IS HEREBY ORDERED THAT the parties may not dismiss this action with prejudice unless the settlement agreement has been approved by either the Court or the Department of Labor (DOL). See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Accordingly, to the extent the parties wish to dismiss this action with prejudice, they must either file a joint letter motion requesting that the Court approve the settlement agreement or, alternatively, provide documentation of the approval by DOL. Any letter motion, along with the settlement agreement, must be filed on the public docket by March 24, 2020. As set forth herein. If no letter or stipulation is filed by March 24, 2020, a conference shall be held on April 3, 202 0 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. SO ORDERED., ( Motions due by 3/24/2020., Status Conference set for 4/3/2020 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/24/2020) (ama)
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Filing
19
ORDER re: 18 Order Referring Case to Magistrate Judge. By Order of Reference dated January 13, 2020 (Dkt. No. 18), Judge Caproni referred this case to me for settlement. The parties are directed to advise the Court within 30 days of the date of this Order when they wish to schedule a settlement conference. The parties should do so by filing a letter-motion on the docket that indicates at least three dates that are mutually convenient for the parties. Alternatively, counsel are free to call chambers at (212) 805-0250 with both sides on the line and coordinate with my deputy clerk, David Tam, to find a mutually convenient date for the parties and the Court. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 1/13/2020) (kv)
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