Wang v. Xing Yue Inc.

District Court, S.D. New York

Wang v. Xing Yue Inc.

Trial Court Opinion

□□□ SUNT DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED:_ 11/29/2021 ZHENJIAN WANG, on behalf of Himself and others similarly situated, 19-CV-5072 (RWL) Plaintiff, : ORDER - against - XING YUE INC., et al., : Defendants.

ROBERT W. LEHRBURGER, United States Magistrate Judge. The parties have submitted Defendant's offer of judgment pursuant to Federal Rule of Civil Procedure 68 along with Plaintiffs acceptance of same. (Dkt. 74.) Having reviewed the terms of the accepted offer of judgment, the Court notes its concern about the amount of settlement funds apportioned to Plaintiff's lawyers as compared to Plaintiff. However, as the parties have resolved this matter by way of a Rule 68 Offer of Judgment, rather than settlement, no fairness review is warranted pursuant to Mei Xing Yu v. Hasaki Restaurant, Inc.,

944 F.3d 395, 400

(2d Cir. 2019). Accordingly, the Court directs entry of judgment on terms contained in the accepted Offer of Judgment, with each party to bear their own fees and costs except as set forth in the accepted Offer of Judgment.

The Clerk of Court is respectfully requested to enter judgment.

SO ORDERED.

ROBERT W. LEHRBURGER UNITED STATES MAGISTRATE JUDGE Dated: November 29, 2021 New York, New York

Copies transmitted this date to all counsel of record.

Reference

Status
Unknown