USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: nanan nn nnn nn nnn nn nn nn nnn nn nnn nnn XK DATE FILED: 7/31/2020 NEFTALI TORRES, : : 19 Civ. 08231 (RWL) Plaintiff, : : ORDER - against - : APPROVING SETTLEMENT SPARKILL RESTAURANT CORP.), et al., Defendants. ---------------------------------------------------------------X ROBERT W. LEHRBURGER, United States Magistrate Judge. This case is an action for damages under the Fair Labor Standards Act,

et seq. (“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 July 31, 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 arm’s length negotiation, not an employer's overreaching. See Cheeks v. Freeport Pancake House,

(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 and reasonable range (though the Court notes the fees are on the high side but acceptable due to the scope of recovery providing Plaintiff with more than 100 percent of his wages and other damages). Considering all the circumstances, the Court finds that the Settlement Agreement is fair and reasonable and hereby approved. The Clerk of Court is respectfully requested to terminate all motions and deadlines, and close this case. SO j-—~ ROBERT W.LEHRBURGER st” UNITED STATES MAGISTRATE JUDGE Dated: July 31, 2020 New York, New York Copies transmitted to all counsel of record.