Opinion
22 Civ. 9640 (PAE) (SDA)
12-14-2022
VICTOR CASTILLO, individually and on behalf of others similarly situated, Plaintiff, v. LA TINFORA GROCERY CORP, et al., Defendants.
ORDER
PAUL A. ENGELMAYER, DISTRICT JUDGE:
On November 11, 2022, plaintiff filed a complaint against defendants under the Fair Labor Standards Act (“FLSA”) and New York labor law. Dkt. 1. On December 9, 2022, plaintiffs counsel filed a letter on behalf of the parties to seek the Court's guidance as to the dismissal of this case. Dkt. 13. Plaintiffs counsel stated that plaintiff had expressed that he no longer wants to pursue claims against defendants and that, while plaintiff had not received any payments from defendants in connection to this case, defendants offered to pay plaintiff s counsel costs and attorneys' fees of $2,623.50. Id.
The Court directs the parties to file, no later than December 21, 2022, a joint letter addressing whether a dismissal of the case on these terms-with plaintiffs counsel's fees and costs being paid but plaintiff receiving no recompense, and without judicial approval-is consistent with this Court's obligation to review private settlements of FLSA claims, see, e.g., Samake v. Thunder Lube, Inc., 24 F.4th 804 (2d Cir. 2022); Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In addressing this issue, the parties shall specifically verify whether plaintiffs dismissal would be secured by means of any payment, promise, or other benefit offered by defendants. In the event the parties conclude that the Court's approval is required, the Court encourages the parties to explain, in their letter, why the proposed resolution satisfies the governing standards.
SO ORDERED.