Osorio v. PJ's Lawn Service Inc.
Osorio v. PJ's Lawn Service Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK eee eee eee neem nenenennecenenenenee KX NOE GREGORIO AQUINO OSORIO, : 21 Civ. 6413 (PAE) (JW) Plaintiff, : : ORDER -v- : LAWN SERVICE INC. et al., : Defendants.
PAUL A. ENGELMAYER, District Judge: On December 14, 2022, the parties to this Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”) action applied for approval of a proposed settlement agreement under which defendants PJ’s Lawn Service Inc. and Peter Creegan would pay $16,286.66 to plaintiff Noe Gregorio Aquino Osorio and $8,713.34 in fees and costs to plaintiff's law firm, The Samuel Law Firm. See Dkt. 46 (the “Agreement”). The Agreement allocates one third of the settlement amount, net of costs, to plaintiff's counsel as attorneys’ fees. On December 15, 2022, the Court informed the parties that although the Agreement was legally satisfactory, and that the Court would be prepared to approve the overall settlement sum of $25,000 as substantively reasonable and achieved through procedurally fair means, the Court could not approve the agreement in its present form because it lacked the signatures of the parties. Dkt. 47, On December 29, 2022, the parties refiled the Agreement with proper signatures. See Dkt. 48 (the “Signed Agreement”). Upon careful review of the Signed Agreement, the Court is satisfied that the Signed Agreement was achieved through procedurally fair means and is fair and
reasonable such that it satisfies the standard set forth in Cheeks v. Freeport Pancake House, Inc.,
796 F.3d 199(2d Cir. 2015). Accordingly, the Court approves the Agreement.
SO ORDERED.
Paul A. Engelmayer United States District Judge Dated: January 3, 2023 New York, New York
Reference
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