Martinez v. Budo Maintenance Corp. ( 2020 )

USDC SDNY SOUTHERN DISTRICT OF NEW YORK eK ELECTRONICALLY FILED . ORLANDO MARTINEZ, : DOC #:. a s__£ DATE FILED: __°8/020 Plaintiff, : ee -against- 19-CV-3302 (VSB) BUDO MAINTENANCE CORP., et al., ORDER Defendants. nae KX VERNON S. BRODERICK, United States District Judge: On November 3, 2019, the parties filed a joint motion to approve their proposed settlement agreement in this Fair Labor Standards Act (“FLSA”) case. Parties may not privately settle FLSA claims with prejudice absent the approval of the district court or the Department of Labor. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 200 (2d Cir. 2015). In the absence of Department of Labor approval, the parties must satisfy this Court that their settlement is “fair and reasonable.” Velasquez v. SAFI-G, Inc., No. 15-CV-3068, 2015 WL 5915843, at *1 (S.D.N.Y. Oct. 7, 2015). Accompanying the proposed agreement was a letter outlining the details of the agreement. One of the many factors I consider in determining whether to approve a settlement under Cheeks is the maximum potential recovery for all of Plaintiffs claims. The parties failed to provide that information. Therefore, I am unable to assess whether the settlement is fair and reasonable. The parties have also failed to provide time records and information related to attorneys’ fees. Accordingly, it is hereby, ORDERED that the parties are directed to file a supplemental letter outlining Plaintiffs maximum potential recovery for all of Plaintiffs claims, as well as Plaintiff's counsel’s time records supporting the request for attorneys’ fees, within twenty-one (21) days of the filing of this Order. SO ORDERED. Dated: September 8, 2020 , New York, New York / f Vernon S. Broderick United States District Judge