UNITED STATES DISTRICT COURT i OCIBENS SOUTHERN DISTRICT OF NEW YORK BEER ONCOL □□□ DOLE nnn nen nnn nnn □□□ X eR JOHN T. BUDROW, on behalf of himself and (Bara rieee: "7/4 9 [589 □ others similarly situated, "elf? / Ld Plaintiff, ' ORDER MCCAREY LANDSCAPING, INC., DONNA — : MCCAREY, TIMOTHY MCCAREY, and . 22 CV 1773 (VB) JOHN DOES, as the top 10 Shareholders of : McCarey Landscaping, Inc., : Defendants. i ee ee ee ee a hr ttt I On July 21, 2022, plaintiff John T. Budrow in this Fair Labor Standards Act case filed a settlement agreement (Doc. #20-1) and a statement explaining the basis for the agreement as required by Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015). In reviewing the proposed settlement agreement, the Court has considered the following factors: (i) the $63,030 settlement amount to be paid to plaintiff (exclusive of attorneys’ fees) exceeds the amount plaintiff sought for his unpaid travel and lunch times with associated fringe benefits, which counsel represents is the main crux of his lawsuit; (11) the risks and costs of continuing to litigate; (iii) _ plaintiffis represented by counsel; (iv) the settlement was reached with the assistance of a neutral mediator; (v) plaintiff no longer works for defendants; (vi) the absence of a nondisparagement clause in the settlement agreement; and (vii) _ the release is limited to claims arising out of plaintiff's employment with defendants and/or separation therefrom accrued prior to executing the settlement agreement. Based on the foregoing, the Court finds the settlement agreement is fair and reasonable, and the product of arm’s-length negotiation, not fraud or collusion. Additionally, the Court finds the attorneys’ fees, which are approximately thirty-one percent of plaintiff's net recovery, to be fair and reasonable under the circumstances.

CONCLUSION Accordingly, the parties’ settlement agreement (Doc. #20-1) is APPROVED. The Clerk is instructed to close this case and to terminate the pending motion (Doc. #11). Dated: July 21, 2022 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge