Martinez v. 138 Lube LLC

District Court, S.D. New York

Martinez v. 138 Lube LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee ee X LEOBARDO MARTINEZ, : Plaintiff, : No. 22 Civ. 642 (KPF) -against- : 138 LUBE LLC d/b/a POP’S HANDWASH, : and MAMADOU CISSE, an individual, : Defendants. : wee ee X ORDER OF DISMISSAL WITH PREJUDICE

KATHERINE POLK FAILLA, District Judge: 1. The Settlement Agreement reached in this matter is fair and reasonable, and adequate to redress Plaintiffs claims under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”) in this action and to compensate Plaintiff's Counsel on their request for attorneys’ fees and costs. 2. At Plaintiff's request, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure and Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199

(2d Cir. 2015), this action is dismissed with prejudice, without costs or attorneys’ fees (other than those costs and attorneys’ fees specified in the Settlement Agreement).

SO ORDERED. Kathe lal. Flo KATHERINE POLK FAILLA United States District Judge Dated: September 20, 2022 New York, New York

Reference

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