MANHATTAN (LN) — U.S. District Judge Lewis J. Liman on Thursday ordered the parties in a putative Fair Labor Standards Act class action to submit a joint letter by June 10, 2026, explaining why the proposed settlement should be approved as fair and reasonable under Second Circuit precedent.
The order, issued May 14, requires the letter to address any confidentiality, non-disparagement, or release provisions agreement. Liman cited Fisher v. SD Protection Inc. and Cheeks v. Freeport Pancake House, Inc., noting that any settlement, including fee awards, must be scrutinized to ensure fairness.
Regarding attorney's fees, Liman rejected the sufficiency of merely stating the proportion of fees to the settlement amount. He demanded "adequate documentation supporting the attorneys' fees and costs," which should normally include contemporaneous time records showing dates, hours, and nature of work.
The order warns that failure to provide sufficient documentation could result in the court rejecting the proposed fee award.
The parties are directed to appear telephonically for a settlement fairness hearing on June 16, 2026, at 12:00 p.m. Plaintiff is requested to appear, with an interpreter if necessary. The parties must dial (646) 453-4442 and use access code 358639322.
All pending motions were dismissed as moot, and all conferences and deadlines, including trial and pretrial deadlines, were cancelled.