Pacheco v. Chinelus Corp.

District Court, S.D. New York

Pacheco v. Chinelus Corp.

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DATE FILED:;__ 12/11/2019 RAMIRO PACHECO and KENYA B CASTILLO ALVARENGA, individually and on behalf of others similarly situated, Plaintiffs, ORDER OF DISMISSAL -against- 18-CV-9372 (KHP) CHINELUS CORP., et al., Defendants.

+--+ ------ X KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE

In this action under the Fair Labor Standards Act and the New York Labor Law, which is before this Court on the consent of the parties pursuant to

28 U.S.C. § 636

(c), the parties, having reached an agreement in principle to resolve the action, have placed their proposed settlement agreement before this Court for approval. See Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 1999

(2d Cir. 2015) (requiring judicial fairness review of FLSA settlements). Plaintiffs have also submitted a letter detailing why they believe the proposed settlement agreement is fair, reasonable, and adequate. (See Dkt. 56.) This Court has reviewed the parties’ submissions in order to determine whether the proposed agreement represents a reasonable compromise of the claims asserted in this action, and, in light of the totality of the relevant circumstances, including the representations made in Plaintiffs’ letter, the terms of the proposed settlement agreement, and this Court’s own familiarity with the strengths and weaknesses of the parties’ positions, it is hereby ORDERED that:

1. The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate, both to redress Plaintiffs’ claims in this action and to compensate Plaintiffs’ counsel for their legal fees, and the agreement is therefore approved. 2. In accordance with the parties’ request, this Court will retain jurisdiction over this matter for the purpose of enforcing the settlement agreement, if necessary. 3. As a result of the Court’s approval of the parties’ proposed settlement, this action is hereby discontinued with prejudice and without costs, provided, however, that, within 30 days of the date of this Order, if any aspect of written documentation of the settlement is not completed, then Plaintiffs may apply by letter for the restoration of the action to the active calendar of the Court. A, The Clerk of Court is directed to close this case on the Docket of the Court. Dated: New York, New York December 11, 2019 SO ORDERED i Af Kat haut H t artls KATHARINE H. PARKER United States Magistrate Judge Copies to: All counsel (via ECF)

Reference

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