Nunez v. Cross Bronx and Across New York Live Poultry Inc.

District Court, S.D. New York

Nunez v. Cross Bronx and Across New York Live Poultry Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

EURIPEDES FRIAS NUNEZ, : Plaintiff, : : 19 Civ. 9293 (LGS) -against- : : ORDER NEW YORK LIVE POULTRY, INC., LLC, ET AL, : Defendants. :

LORNA G. SCHOFIELD, District Judge: WHEREAS, the parties filed their joint letter and proposed settlement agreement, in this action arising under the Fair Labor Standards Act (“FLSA”) (Dkt. No. 48), and the parties filed additional supporting documentation substantiating the requested expenses and costs (Dkt. No. 50); WHEREAS, the parties’ settlement agreement was not approved, and the parties were provided an opportunity to amend the settlement agreement (Dkt. No. 51); WHEREAS, the parties filed an executed amendment to the settlement agreement (Dkt. No. 52). It is hereby ORDERED that the settlement agreement, as amended, is APPROVED as fair and reasonable based on the nature and scope of Plaintiff’s claims and the risks and expenses involved in additional litigation. Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199, 206

(2d Cir. 2015), cert denied.,

136 S. Ct. 824

(2016); Wolinsky v. Scholastic, Inc.,

900 F. Supp. 2d 332, 335-36

(S.D.N.Y. 2012). It is further ORDERED that Plaintiffs’ counsel’s request for $15,536.00 is GRANTED. The remainder of the settlement shall be distributed to Plaintiff.

Dated: October 13, 2020 New York, New York LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE

Reference

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