UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: 2/18/2 020 -------------------------------------------------------------- X ZENON DE LA ROSA, : : Plaintiff, : : -against- : 19-CV-286 (VEC) : CHESTNUT HOLDINGS OF NEW YORK INC., : ORDER 1288 LLC, and JONATHAN WIENER, : : Defendants. : ------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS counsel for the parties submitted a proposed settlement agreement, see Dkt. 48 & Ex. 2, for the Court’s approval pursuant to Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015); WHEREAS the proposed settlement provides for a total recovery of $36,500, with slightly less than a third of the recovery ($11,767.82) awarded to Plaintiff’s counsel for fees and costs, see Dkt. 48 at 4 & Ex. 1 ¶ 1(a); WHEREAS counsel’s requested fee ($10,549.34) is approximately one third the lodestar amount based on counsel’s billing rates and time entries, see Dkt. 48 Exs. 3–4; WHEREAS the Court finds that counsel’s requested fee is reasonable; WHEREAS counsel’s requested costs total $1,218.48, see Dkt. 48 Ex. 3; WHEREAS the Court finds that counsel’s requested costs are reasonable; WHEREAS paragraph 3(a) of the proposed settlement agreement contains a release that is broader than just wage-and-hour claims, see Dkt. 48 Ex. 2; IT IS HEREBY ORDERED that the proposed settlement agreement is not approved as fair and reasonable because of the breadth of the release. The Court would be prepared to approve as fair a settlement that releases all wage-and-hour law claims. The parties may submit, no later than March 3, 2020, a revised settlement agreement that is consistent with this Order if they wish to proceed. See Fisher v. SD Prot. Inc.,

, at *8 (2d Cir. Feb. 4, 2020). SO ORDERED. . ~

Date: February 18, 2020 VALERIE CAPRONI New York, NY United States District Judge

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