Arroyo v. J & M Realty Services Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LARRY ARROYO, individually and on behalf of all others similarly situated, Civ. 3611 (PAE) JILC) Plaintiff, -v- ORDER J & M REALTY SERVICES CORP., et al., Defendants.

PAUL A. ENGELMAYER, District Judge: On November 5, 2021, this Court issued an order closing this action without prejudice to the right of the parties to re-open the case within 30 days. Dkt. 39. However, because this case is a wage-and-hour case brought under the Fair Labor Standards Act, the Court must review the settlement by the parties under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015).

The parties are therefore directed to submit their proposed settlement for review by November 19, 2021, along with a memorandum of law explaining why the settlement warrants approval under Cheeks.

The Clerk of the Court is respectfully directed to reopen this case.

SO ORDERED.

PAUL A. ENGELMA YER United States District Judge Dated: November 8, 2021 New York, New York