Jeronimo v. Disfruta Products, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wenn eK LEOCADIA JERONIMO, : Plaintiff, : : 22 Civ. 4166 (LGS) -against- : : ORDER DISFRUTA PRODUCTS, LLC, et al., : Defendants. : enn eee X LORNA G. SCHOFIELD, District Judge: WHEREAS, on November 18, 2022, the parties moved for approval of a proposed settlement. It is hereby ORDERED that the settlement agreement is APPROVED as fair and reasonable based on the nature and scope of Plaintiff's claims and the risks and expenses involved in additional litigation. See Cheeks y. Freeport Pancake House, Inc., 796 F.3d 199, 206-07 (2d Cir. 2015); Fisher v. SD Protection, Inc., 948 F.3d 593, 600 (2d Cir. 2020) (outlining the factors that district courts have used to determine whether a proposed settlement and award of attorneys’ fees is fair and reasonable). It is further ORDERED that this action is dismissed in its entirety and with no award of attorneys’ fees or costs. The action is dismissed without prejudice to restoring the action to the Court’s calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. The Court declines to retain jurisdiction to enforce this settlement agreement, beyond the period of thirty (30) days described above, and the parties are directed to the appropriate forum in the event of a breach. Any pending motions are DISMISSED as moot, and all conferences and deadlines are CANCELED.

Dated: November 22, 2022 New York, New York LORNA G. SCHOFIEL Jlwirron Gratrre Tiverprw? Irnnce