Melendez v. Cosan Construction Corp.

District Court, S.D. New York

Melendez v. Cosan Construction Corp.

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED . DOC #: HECTOR MELENDEZ, on behalf of himself’ ere FILED: 07/31/2023 | and all others similarly situated, — Plaintiff, 21-CV-7426 (BCM) -against- ORDER COSAN CONSTRUCTION CORP., et al., Defendants. BARBARA MOSES, United States Magistrate Judge. The Court has received and reviewed the parties’ joint letter dated July 28, 2023 (Dkt. 52), notifying the Court that they have excised the "impermissible 'no-publicity' clause" which prevented the Court from approving their FLSA settlement as originally drafted, see Melendez v. Cosan Constr. Corp.,

2023 WL 4238913

(S.D.N.Y. June 28, 2023), and requesting that the Court now approve their fully-executed revised Settlement Agreement and Release (the Revised Agreement) (Dkt. 52-1) pursuant to Cheeks v. Freeport Pancake House,

796 F.3d 199

(2d Cir. 2015). Having carefully reviewed the financial and non-financial terms of the Revised Agreement, the Court finds that they are fair and reasonable as required by Cheeks,

796 F.3d at 199

. Accordingly, the parties' jomt letter-motion is GRANTED and the proposed settlement is APPROVED. In accordance with § C(1) of the Revised Agreement, the parties shall file their stipulation of dismissal no later than August 7, 2023. Dated: New York, New York July 31, 2023 SO ORDERED. ele RU BARBARA MOSES United States Magistrate Judge

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