Opinion
No. 20-CV-6128 (RA)
12-28-2020
ABRAHAM HERNANDEZ, CARLOS ERNESTRO ALFARO SANCHEZ, individually and on behalf of others similarly situated Plaintiffs, v. MCCBREN CORP., doing business as Triona's, MICHEAL BRENNER, TRIONA DOE, Defendants.
ORDER
:
According to the Final Report of Mediator #1 filed on the docket, the court-ordered mediation in this case was held on November 18, 2020 and agreement was reached on all issues. No later than January 11, 2021 the parties shall take one of the following three actions:
1. Consent to conducting all further proceedings before Magistrate Judge Lehrburger by completing the consent form available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge. As the form indicates, no adverse substantive consequences will arise if the parties choose not to proceed before Judge Lehrburger.
2. Submit a stipulation or notice of voluntary dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41.
3. Submit a joint letter setting forth their views as to why their settlement is fair and reasonable and should be approved, accompanied by all necessary supporting materials, including contemporaneous billing records for the attorney's fees and
costs provided for in the settlement agreement. In light of the presumption of public access attaching to "judicial documents," see Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006), the parties are advised that materials on which the Court relies in making its fairness determination will be placed on the public docket, see Wolinsky v. Scholastic Inc., No. 11-CV-5917 (JMF), 2012 WL 2700381, at *3-7 (S.D.N.Y. July 5, 2012).SO ORDERED. Dated: December 28, 2020
The parties are also advised that the Court will not approve of settlement agreements in which:
(a) Plaintiffs "waive practically any possible claim against the defendants, including unknown claims and claims that have no relationship whatsoever to wage-and-hour issues," Gurung v. White Way Threading LLC, 226 F. Supp. 3d 226, 228 (S.D.N.Y. 2016) (internal quotation marks omitted); and
(b) Plaintiffs are "bar[red] from making any negative statement about the defendants," unless the settlement agreement "include[s] a carve-out for truthful statements about [P]laintiffs' experience litigating their case," Lazaro-Garcia v. Sengupta Food Servs., No. 15 Civ. 4259 (RA), 2015 WL 9162701, at *3 (S.D.N.Y. Dec. 15, 2015) (internal quotation marks omitted).
New York, New York
/s/_________
Ronnie Abrams
United States District Judge