Leon Guzman v. Sabson LLC

District Court, S.D. New York

Leon Guzman v. Sabson LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x GUARINO LEON GUZMAN, et al., : : Plaintiffs, : : 16 Civ. 7871 - against - : : ORDER SABSON LLC, et al., : : Defendants. : ---------------------------------------------------------------x

On October 7, 2016, Guarino Leon Guzman and Elideth Mendoza Herrera (“Plaintiffs”) filed a complaint against Sabson LLC, Sonya Kachouh, and Sabeh Kachouh (“Defendants”) for alleged violations of the Fair Labor Standards Act of 1938,

29 U.S.C. § 201

et seq. (“FLSA”), and the New York Labor Law §§ 190 et seq. and 650 et seq. On December 13, 2016, Plaintiffs filed an amended complaint adding state and municipal claims for sex discrimination and hostile work environment/sexual harassment. Following several efforts to settle the case, on November 23, 2020, the parties agreed to settlement terms during a conference before the Court. On July 20, 2021, Plaintiffs submitted a Settlement Agreement (“Settlement Agreement”), executed by Plaintiffs and Defendants, to the Court for its approval, as required by Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199

(2d Cir. 2015). Having reviewed, among other things: (1) the Complaint; (2) the Amended Complaint; (3) the Court’s determinations and orders in this case; (4) the transcripts of numerous status conferences and settlement conferences; (5) the Settlement Agreement; (6) Plaintiffs’ counsel’s Cheeks fairness submission; and (7) Plaintiffs’ counsel’s time records and expenses, the Court finds that the Settlement Agreement is fair and reasonable under the factors enumerated in Wolinsky v. Scholastic Inc.,

900 F. Supp. 2d 332, 335-36

(S.D.N.Y. 2012). The Court further finds that the attorneys’ fees and costs provided for in the Settlement Agreement are reasonable. See

29 U.S.C. § 216

(b); see also Cheeks,

796 F.3d at 206

. The Settlement Agreement (ECF No. 124) is approved and the Clerk is directed to close this case.

Dated: New York, New York June 9, 2022

RICHARD M. BERMAN U.S.D.J.

Reference

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