Caltempa Molina v. Buena Vista Tortillas Corp. et al
Case Number: 1:2020cv04925
Filed: July 3, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
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Date Filed Document Text
March 11, 2021 Opinion or Order Filing 25 ORDER granting 24 Letter Motion to Adjourn Conference. In light of the parties' representation that they have settled this matter, the Status Conference previously scheduled for March 11, 2021 is hereby adjourned sine die. The Clerk of Court is directed to close this case. (Signed by Magistrate Judge Katharine H. Parker on 3/11/2021) (mro)
January 2, 2021 Opinion or Order Filing 21 ORDER OF DISMISSAL: It is hereby ORDERED that: 1. The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate, both to redress Plaintiff's claims in this action and to compensate Pla intiff's counsel for their legal fees, and the agreement is therefore approved. 2. In accordance with the parties' request, this Court will retain jurisdiction over this matter for the purpose of enforcing the settlement agreement, if necessary. 3. As a result of the Court's approval of the parties' proposed settlement, this action is hereby discontinued with prejudice and without costs, provided, however, that, within 30 days of the date of this Order, if any aspect of written documentation of the settlement is not completed, then Plaintiff may apply by letter for the restoration of the action to the active calendar of the Court. 4. The Clerk of Court is directed to close this case on the Docket of the Court. (Signed by Magistrate Judge Katharine H. Parker on 1/2/2021) (mro)
December 29, 2020 Opinion or Order Filing 18 ORDER granting 16 Letter Motion for Extension of Time to File. GRANTED. By January 5, 2021, Plaintiff shall file her motion for settlement approval. SO ORDERED. (Signed by Judge Analisa Torres on 12/29/2020) (kv)
November 24, 2020 Opinion or Order Filing 15 ORDER re: 14 Final Report of Mediator #5. The Court has been advised that the parties have reached a settlement in this Fair Labor Standards Act ("FLSA") case. 11/24/2020 Docket Entry. This action shall not be dismissed with prejudice unless the settlement agreement has been approved by 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 seek dismissal with pre judice, 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 t he public docket by December 27, 2020. The letter motion must explain why the proposed settlement is fair and reasonable and should discuss, at a minimum, the following factors: as further set forth herein. Any request for attorneys' fees must be accompanied by supporting documentation. "In this circuit, a proper fee request 'entails submitting contemporaneous billing records documenting, for each attorney, the date, the hours expended, and the nature of the work done.'" ; Lopez v. Nights of Cabiria, LLC, 96 F. Supp. 3d 170, 181 (S.D.N.Y. 2015) (quoting Wolinsky, 900 F. Supp. 2d at 336). Absent special circumstances, the Court will not approve any settlement agreement that is filed under seal or in redacted form. See id. at 177 n. 44. In addition, absent compelling circumstances, the Court will not approve settlement agreements containing sweeping non-disclosure provisions, see id. at 17980; Flood v. Carlson Rests. Inc., No. 14 Civ. 2740, 2015 WL 4111668, at *2 (S.D.N.Y. July 6, 2015), or broad releases waiving claims having no relation to FLSA issues, see Flood, 2015 WL 4111668, at *2. Any pending motions are moot. All conferences are vacated. SO ORDERED. ( Motions due by 12/27/2020.) (Signed by Judge Analisa Torres on 11/24/2020) (kv)
July 3, 2020 Opinion or Order Filing 7 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Pr ocedure that all depositions in this action may be taken viatelephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b) (5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are strongly encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 7/03/2020) (ama)
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