Cook v. MMC East, LLC

District Court, E.D. New York

Cook v. MMC East, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------X MELISSA COOK,

Plaintiff, MEMORANDUM AND -against- ORDER

MMC EAST, LLC, BRIAN MILLER, JOHN 20-CV-5717 (SIL) KAUFMAN, and SHAUN TJEPKEMA,

Defendants. ----------------------------------------------------------------X

STEVEN I. LOCKE, United States Magistrate Judge:

On October 31, 2023, in this wage and hour action brought pursuant to the Fair Labor Standards Act of 1938 (“FLSA”),

29 U.S.C. § 201

et seq., the New York Labor Law (“NYLL”),

N.Y. Lab. Law § 190

et seq., and the New York State Human Rights Law (“NYSHRL”),

N.Y. Exec. Law § 296

et seq., the Court heard argument on the oral motion submitted by Plaintiff Melissa Cook and Defendants MMC East, LLC, Brian Miller, John Kaufman and Shaun Tjepkema seeking approval of a wage claim Settlement Agreement and Release (the “Settlement Agreement”),1 see DE [60], and conducted a fairness hearing on the Settlement Agreement pursuant to Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199, 206

(2d Cir. 2015). See DE [59]. Having reviewed the Settlement Agreement and considered the parties’ presentations at oral argument, the Court finds that the Settlement Agreement’s terms are fair and reasonable. See Wolinsky v. Scholastic Inc.,

900 F. Supp. 2d 332, 335

(S.D.N.Y. 2012) (requiring that a district court scrutinize an FLSA settlement

1 This action has been assigned to this Court for all purposes pursuant to

28 U.S.C. § 636

(c). See Consent to Jurisdiction, Docket Entry (“DE”) [62]. agreement to determine that it is fair and reasonable). Accordingly, the Settlement Agreement is approved, and the Clerk of the Court is directed to close this case. The Court will retain jurisdiction over this case in the event there is an issue concerning

performance under the settlement agreements.

Dated: Central Islip, New York SO ORDERED. November 1, 2023 /s/ Steven I. Locke STEVEN I. LOCKE United States Magistrate Judge

Reference

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