Montes v. Tularcito Deli, LLC
Montes v. Tularcito Deli, LLC
Trial Court Opinion
wn UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED: MARGARITA MONTES, et al. DATE FILED: L /13 [202% Plaintiffs, 18 Civ. 11613 (RWL) - against - ORDER APPROVING SETTLEMENT TULARCITA BAKERY, LLC, et al, Defendants. □□□ nenmene nomen □□□□□□□□□□□□□□□□□□□□□□□□□□□ K ROBERT W. LEHRBURGER, United States Magistrate Judge. This case is an action for damages under the Fair Labor Standards Act,
29 U.S.C. § 201et seg. (“FLSA”) and the New York Labor Law. Before the Court is the parties’ joint letter request that the Court approve their settlement agreement, a fully executed copy of which was submitted on January 13, 2020. (Dkt. 93.) A federal court is obligated to determine whether settlement of an FLSA case under the court’s consideration is fair and reasonable and the subject of an arms-length negotiation, not an employer's overreaching. See Cheeks v. Freeport Pancake House,
796 F.3d 199(2d Cir. 2015). The Court assisted in mediating the settlement of this action and has carefully reviewed the Settlement Agreement as well as the parties’ letter. The Court has taken into account, without limitation, prior proceedings in this action; the attendant risks, burdens, and costs associated with continuing the action; the range of possible recovery; whether the Settlement Agreement is the product of arm’s length bargaining between experienced counsel or parties; the amount of attorney's fees; and the possibility of fraud or collusion. Among other attributes of the Settlement Agreement, there are no confidentiality restrictions; the release is narrowly tailored to wage and hour claims; and
the attorneys’ fees are within a fair, reasonable and acceptable range. Considering all the circumstances, the Court finds that the Settlement Agreement is fair and reasonable and hereby approved. SO ORDERED. ROBERT W. LEHRBURGER UNITED STATES MAGISTRATE JUDGE Dated: January 13, 2020 New York, New York Copies transmitted to all counsel of record.
Reference
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