Sosa v. Villa Barone Ristorante, Inc.

District Court, S.D. New York

Sosa v. Villa Barone Ristorante, Inc.

Trial Court Opinion

UOUl SUNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC fo VICTOR SOSA, . 2d □□□

Plaintiff, ORDER - against - : APPROVING SETTLEMENT VILLA BARONE RISTORANTE, et al., Defendants. ee ee ene cee ne 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. § 201

et 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 February 24, 2020. 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 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 □□□□□ 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 non-disparagement provision is mutual and contains appropriate exceptions; 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 □□□□□□□□□□□□□□□□□□□□□□ hereby approved. nen The Clerk of Court is respectfully requested to terminate all motions and deadlines, and close this case. SO ORDERED. oO

ROBERT W. LEHRBURGER UNITED STATES MAGISTRATE JUDGE Dated: February 25, 2020 New York, New York Copies transmitted to all counsel of record.

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