Beckert v. Rubinov et al, No. 1:2015cv01951 - Document 25 (S.D.N.Y. 2015)

Court Description: OPINION & ORDER: The Court therefore declines, at this time, to approve the Agreement or find it to be fair and reasonable. The parties may proceed in one of the three following ways: The parties may file a revised agreement by November 6, 20 15, that addresses the concerns expressed in this order. The parties also shall file a joint letter that (1) describes the bona tides of the dispute and identifies and explains the amount that plaintiff could receive if he prevails at trial, and ( 2) explains why the settlement amount and the portion of the settlement allocated to attorneys' fees are fair and reasonable. Plaintiff's counsel also shall submit contemporaneous time records, and information regarding the hourly rate for all attorneys and support staff who have worked on this case; or The parties may file a joint letter by November 6, 2015, indicating their intention to abandon the settlement and to continue litigating this matter. If they do so, the Court intends to lift the stay of discovery, see Dkt. 23, and to set a prompt date for the next conference in this case; or The parties may stipulate to a dismissal of this case without prejudice, as such settlements do not require Court approv al. See Cheeks, 796 F.3d at 201 n.2 (leaving for another day the question of whether district court or Department of Labor approval is required for dismissals without prejudice). (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 10/27/2015) (kl)