Wong v. The John Allan Company

District Court, S.D. New York

Wong v. The John Allan Company

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDC SDNY DOCUMENT WONG, individually and on behalf of others ees sar similarly situated, ELECT RONICALLY FILED DOC#: ss Plaintiff, DATE FILED; _ 12/14/2022 20-cv-09800 (ALC) -against- ORDER THE JOHN ALLAN COMPANY AND JOHN ALLAN Defendant. ANDREW L. CARTER, JR., United States District Judge: The Court is in receipt of the Parties’ settlement agreement. ECF No. 38. This action was originally initiated on November 20, 2020 and is brought under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (““NYLL”). ECF No. 1. Absent approval from the district court, parties cannot settle their FLSA claims through a private stipulated dismissal with prejudice. Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199, 200

(2d Cir. 2015). The district court must scrutinize the settlement agreement to determine that the settlement is “fair and reasonable.” Wolinsky v. Scholastic Inc.,

900 F. Supp. 2d 332, 335

(S.D.N.Y. 2012). Plaintiff has not clearly indicated the allocation of attorney’s fees in this matter. The Court requires this information to complete its inquiry. In light of this concern, the Court is not prepared to approve the settlement agreement at this time. The parties are directed to submit this information on or by December 16, 2022.

SO ORDERED. Dated: | December 14, 2022 (k= New York, New York [Arado 7 ANDREW L. CARTER, JR. United States District Judge

Reference

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