USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC#: UNITED STATES DISTRICT COURT sacs 9 ATE FILED: _ May 28, 2021 SOUTHERN DISTRICT OF NEW YORK DATE FILED: _Mwoai— = =X ACACIA GONZALEZ, Case No. 20-cv-03854 Plaintiff, -against- PROPOSED STIPULATED JUDGMENT UNDER RULE 68 INGE THERON, FACEGYM NY LLC, and FACEGYM USA INC., Defendants. eX On May 21, 2021, Defendants filed Plaintiff's notice of acceptance of offer of judgment for Plaintiff's FLSA claim pursuant to Rule 68 of the Federal Rules of Civil Procedure; NOW, it is hereby ORDERED, ADJUDGED AND DECREED as follows: that the Plaintiff Acacia Gonzalez have judgment against Defendants Inge Theron; FaceGym NY LLC; and FaceGym USA, Inc. (collectively “Defendants”), in the amount of $3,000 (Three Thousand Dollars) which is inclusive of attorneys’ fees and costs. This judgment is intended to resolve Plaintiff's FLSA claim (Plaintiff's Third Cause of Action) only and not the remaining claims. This offer is made for the purpose of Fed. R. Civ. P. 68 only, and neither it nor any judgment resulting from this offer may be construed as an admission (a) of liability on the part of Defendants; or (b) that Plaintiff has suffered any damage whatsoever. Dated: May 28, 2021 New York, New York (nda. 7 Cmg Honorable Andrew L. Carter, Jr. United States District Judge The 2nd Circuit has held that judicial approval is not required of Rule 68(a) offers of judgment settling FLSA claims. See Mei Xing Yu v. Hasaki Restaurant, Inc.,

(2d Cir. 2019) ("In light of the unambiguously mandatory command of Rule 68(a) for the clerk of the court to enter offers of judgment when they are accepted, and because we find no indication by Congress or the Supreme Court that the FLSA requires judicial approval of stipulated judgments annprarning ET SGA plaime in the eantevt af anagning litigatinn wre darlinea tr nill curh a reniirement nnt af thin □□□ □□□□