Miranda v. Lexington United LLC
Miranda v. Lexington United LLC
Trial Court Opinion
DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 7/29/2022 nnn ee K ee ROBERTO MIRANDA, : : 20-CV-10890 (RWL) Plaintiff, : : ORDER - against - : APPROVING SETTLEMENT : AND DISMISSING CASE LEXINGTON UNITED LLC, et al. : Defendants. nnn ee K ROBERT W. LEHRBURGER, United States Magistrate Judge. This case is an action for damages under the Fair Labor Standards Act,
29 U.S.C. § 201et seq. (“FLSA”) and the New York Labor Law. Before the Court is the parties’ joint letter request that the Court approve their settlement agreement, a fully executed copy of which was submitted on July 22, 2022 at Dkt. 28, Ex. A. A federal court is obligated to determine whether settlement of an FLSA case under the court’s consideration is fair and reasonable and the subject of an arm’s length negotiation, not an employer's overreaching. See Cheeks v. Freeport Pancake House,
796 F.3d 199(2d Cir. 2015). Following participation in court-ordered mediation, the parties arrived at a compromise and agreed to settlement. The Court has carefully reviewed the parties’ letter as well as the Settlement Agreement. The Court has taken into account, without limitation, prior proceedings in this action; the attendant risks, burdens, and costs associated with continuing the action; the range of possible recovery; whether the Settlement Agreement is the product of arm’s length bargaining between experienced counsel or parties; the amount of attorney’s fees; and the possibility of fraud or collusion. Among other attributes of the Settlement Agreement, there is no confidentiality provision,
and the attorneys’ fees are within a fair, reasonable, and acceptable range. The parties have agreed to a non-disparagement provision with appropriate exceptions. Considering all the circumstances, the Court finds that the Settlement Agreement is fair and reasonable and hereby approved. This case, having resolved by settlement, is hereby dismissed and discontinued in its entirety, with prejudice, without costs or fees to any party, except as provided for in the parties’ settlement agreement. The Clerk of Court is respectfully requested to terminate all motions and deadlines, and close this case. SO ORDERED. jo—_ UNITED STATES MAGISTRATE JUDGE Dated: July 29, 2022 New York, New York Copies transmitted to all counsel of record.
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