UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x : NORMA NAVA PEREZ, : Plaintiff, : 18-CV-10212 (OTW) : -against- : ORDER : KARAYIANNIS GLOBAL GROUP, INC., et al., : : Defendants. : -------------------------------------------------------------x ONA T. WANG, United States Magistrate Judge: On April 8, 2021, the Court declined to approve the proposed settlement agreement (ECF 47) under Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015). (ECF 51). The Court found the following issues with the proposed settlement agreement: (1) the attorneys’ fees were unreasonable; (2) the parties did not provide any information about whether the proposed settlement was the product of arm’s length-bargaining between experienced counsel; (3) the parties did not provide any information whether there was a risk of fraud or collusion; and (4) the proposed settlement had a non-disparagement and confidentiality clause, which conflicts with the purposes of the Fair Labor Standards Act. The parties filed a revised proposed settlement agreement on April 22, 2021. (ECF 52, 52-1). Upon review of the proposed settlement agreement (ECF 52-1), I found that it is consistent with Cheeks and APPROVED the proposed settlement. (ECF 53). However, the parties neglected to file a fully executed settlement agreement. The parties were ordered to sign and file the proposed settlement agreement on six separate occasions. (ECF 53, 55, 57, 61, 62, 64). It was only under threat of striking Defendants’ Answer and entering a default against them that the parties were able to sign and file the fully executed settlement agreement. (ECF 64, 67). The settlement is approved under Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015), and the Clerk of Court is respectfully directed to the close the case.

SO ORDERED.

s/ Ona T. Wang Dated: February 22, 2022 Ona T. Wang New York, New York United States Magistrate Judge