File a Complaint-Gridview_imagefull.FDACS.03.05.19.(Gridview_imagefull/Florida Division of Agriculture and Client Providers)

There are a few threads being performed out within the temporary resolution in Bertrand v. Jefferson Parish, No. 22-1618, 2022 WL 17814243 (E.D. La. Dec. 1, 2022).

One thread is that that litigating events wish to conceal the very fact, quantity, phrases and circumstances of their settlement agreements. They do not need different folks to search out out why they’re settling, and for what, even when different folks have the identical causes to sue that the plaintiffs on this case had.  See Bertrand v. Jefferson Parish, 2022 WL 17812423, at *1.

The twenty plaintiffs on this case had been all workers of the Parish (county).  They filed their grievance alleging violations of the Truthful Labor Requirements Act (FLSA) within the aftermath of Hurricane Ida.  Bertrand v. Jefferson Parish, 2022 WL 17812423, at *1.

The plaintiffs-employees and their defendant employer collectively filed a movement to seal their settlement agreements.  Although this was a Joint Movement, the Court docket denied this request.  Bertrand v. Jefferson Parish, 2022 WL 17812423, at *1.

There have been two bases for the Court docket’s quick resolution on this case.  One was the frequent legislation presumption of public entry to Court docket information.  On this case, the settlement paperwork had been filed within the Court docket file.  There was a ensuing presumption that the paperwork could be obtainable to the general public.

The opposite foundation for the Court docket’s resolution was the truth that in FLSA circumstances particularly, there’s a robust presumption of conserving the settlement paperwork open and obtainable to the general public.  The events can overcome the frequent legislation presumption of public entry by providing “extraordinary causes,” however on this case the events didn’t supply any.

The Court docket gave the events an out, nevertheless:

For the explanations that observe, the Court docket DENIES the Movement to Seal and grants the events fourteen (14) days to advise the Court docket whether or not they proceed to request approval of the settlement, with the understanding that the settlement, if accepted, can be accepted by separate order, not below seal, and that the settlement agreements can be unsealed on the file.

Bertrand v. Jefferson Parish, 2022 WL 17812423, at *1.

Please learn the disclaimer.  ©2022 Dennis J. Wall.  All rights reserved.


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