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Friday, December 8, 2023


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

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

One thread is that that litigating events need to conceal the actual fact, quantity, phrases and circumstances of their settlement agreements. They do not need different individuals to search out out why they’re settling, and for what, even when different individuals 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 have 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 Courtroom denied this request.  Bertrand v. Jefferson Parish, 2022 WL 17812423, at *1.

There have been two bases for the Courtroom’s brief choice on this case.  One was the frequent legislation presumption of public entry to Courtroom information.  On this case, the settlement paperwork have been filed within the Courtroom file.  There was a ensuing presumption that the paperwork can be out there to the general public.

The opposite foundation for the Courtroom’s choice was the truth that in FLSA circumstances specifically, there’s a sturdy presumption of conserving the settlement paperwork open and out there 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 provide any.

The Courtroom gave the events an out, nevertheless:

For the explanations that comply with, the Courtroom DENIES the Movement to Seal and grants the events fourteen (14) days to advise the Courtroom 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 beneath seal, and that the settlement agreements can be unsealed on the report.

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

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

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