Vasquez v. Gibraltar Hospitality Services, LLC ( 2023 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Douglas Vasquez, Case No. 2:23-cv-00441-CDS-DJA 5 Plaintiff Order Setting Fairness Hearing on Plaintiff’s Unopposed Motion for 6 v. Preliminary Approval of Class Action Settlement 7 Gibraltar Hospitality Services, LLC doing business as 7th and Carson, 8 [ECF No. 23] 9 Defendant 10 11 On October 30, 2023, the parties filed a joint notice of their tentative settlement. ECF 12 No. 16. After ongoing negotiations to memorialize and file the written settlement agreement, 13 plaintiff Douglas Vasquez filed an unopposed motion seeking approval of the Fair Labor 14 Standards Act (FLSA) collective action settlement. ECF No. 23. The Ninth Circuit has 15 recognized that “FLSA claims may not be settled without approval of either the Secretary of 16 Labor or a district court.” Seminiano v. Xyris Enter., Inc., 602 F. App’x 682, 683 (9th Cir. 2015) 17 (citing Nall v. Mal-Motels, Inc., 723 F.3d 1304, 1306 (11th Cir. 2013)). District courts may approve 18 settlements in FLSA suits “to promote the policy of encouraging settlement of litigation” when a 19 proposed settlement “reflect[s] a reasonable compromise over issues.” Lynn’s Food Stores, Inc. v. U.S. 20 By & Through U.S. Dep’t of Lab., Emp. Standards Admin., Wage & Hour Div., 679 F.2d 1350, 1354 (11th Cir. 21 1982). 22 “The standard for approval of an FLSA settlement is lower than for a Rule 23 settlement 23 because an FLSA settlement does not implicate the same due process concerns as does a Rule 23 24 settlement.” Gamble v. Boyd Gaming Corp., 2017 WL 721244, at *9 (D. Nev. Feb. 23, 2017). While the 25 FLSA does not “expressly set forth criteria for courts to consider in determining whether an 26 1 FLSA settlement should be approved, nor has the Ninth Circuit established any particular criteria[,]” “the majority of Rule 23’s fairness factors are instructive and relevant.” Id. at *9-*11. 3 Thus, IT IS THEREFORE ORDERED that although Rule 23 does not expressly mandate 4|| that a fairness hearing be held in FLSA actions, argument related to Vasquez’s unopposed motion for approval of the settlement will be heard on January 12, 2024, at 11:00 a.m. in LV 6]| Courtroom 6B. 7 DATED: December 27, 2023 // sabia 9 crisey . Silva . States District Judge 10 ( ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26