Ramirez v. M.L. San Jose Enterprises, Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSE RAMIREZ.., individually and on behalf of: others similarly situated, : Plaintiff, —: 19 Civ. 3429 (LGS) -against- : ORDER M.L. SAN JOSE ENTERPRISES, CORP et al.,: Defendants. : LORNA G. SCHOFIELD, District Judge: WHEREAS, on March 24, 2021, the parties filed a letter motion for approval of a proposed settlement (Dkt. No. 80) of Plaintiff’s claims against Defendants for alleged violations of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law. It is hereby ORDERED that the settlement of Plaintiff’s FLSA claims, as set forth in the proposed settlement agreement (“Settlement Agreement,” Dkt. No. 80-1), 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. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206-07 (2d Cir. 2015); Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012) (outlining the factors that district courts have used to determine whether a proposed settlement is fair and reasonable). It is further ORDERED that Plaintiffs’ counsel’s request for $16,337.70 is GRANTED. The remainder of the settlement shall be distributed pursuant to the Settlement Agreement. It is further ORDERED that by March 29, 2021, the parties shall file an executed version of the Settlement Agreement.

Dated: March 25, 2021 New York, New York .