Osorno v. Avant Gardner LLC.
Osorno v. Avant Gardner LLC.
Trial Court Opinion
FILED IN CLERK'S OFFICE US DISTRICT COURT E.0.N.Y UNITED STATES DISTRICT COURT * nec 14 “Hi ow EASTERN DISTRICT OF NEW YORK s BROOKLYN OFFICE ARTURO OSORNO, et al,
Plein: - MEMORANDUM DECISION . AND ORDER - against - : : -CV- AVANT GARDNER LLC, ef al., LE ON-I5 1S CAMI)
Defendants. . ee □□□ enenen ener □□□□□□□□□□□□□□□□□□□□□□□□□ OX ANN M. DONNELLY, United States District Judge: On March 12, 2018, the plaintiffs commenced this civil action alleging violations of the
Fair Labor Standards Act, 29 U.S.C. 201, ef seg., and New York Labor Law §§ 190, ef seq., and
650, et seg. (ECF Nos. 1, 16.) On May 6, 2019, the parties informed the Court of a settlement in
principal. (ECF No. 55.) The parties moved for settlement approval on August 28, 2019, and
filed a revised settlement agreement on November 12, 2019. (ECF Nos. 65, 72.) Magistrate Judge Lois Bloom reviewed the revised settlement agreement. (ECF No. 74.)
She concluded that the settlement was “a reasonable resolution of the parties’ bona fide dispute” (ECF No. 74 at 2), and recommended that J approve the settlement with the following modifications: (1) striking the last line of the “No Future Employment” clause, Revised
Agreement 5 (“Accordingly, it is agreed that none of the Plaintiffs will knowingly seek
employment with Defendants after the execution of this agreement.”), and (2) crediting the
plaintiff the filing fee and process server fees, which would result in plaintiffs’ counsel
recovering $6,545.84, inclusive of $1,048 in costs and $5,497.84 in fees.
A district court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.”
28 U.S.C. § 636(b)(1). To accept those
portions of the report and recommendation to which no timely objection has been made, “a district court need only satisfy itself that there is no clear error on the face of the record.” Jarvis v. N. Am. Globex Fund L.P.,
823 F. Supp. 2d 161, 163(E.D.N.Y. 2011) (internal quotation marks omitted). I have reviewed Magistrate Judge Bloom’s report and recommendation and find no error. Accordingly, I adopt the report and recommendation and approve the settlement in accordance with Magistrate Judge Bloom’s recommendations.
SO ORDERED. s/Ann M. Donnelly Ann M. Donnelly United States District Judge Dated: Brooklyn, New York December 18, 2019
Reference
- Status
- Unknown