Cox v. Procida Construction Corp.

District Court, S.D. New York

Cox v. Procida Construction Corp.

Trial Court Opinion

‘USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED □ SOUTHERN DISTRICT OF NEW YORK | DOC #: os □ eX | DATE FILED:_12/14/2023 | pe KYLE COX, et al., Plaintiffs, 22-CV-10549 (SN) -against- ORDER PROCIDA CONSTRUCTION CORP., et al., Defendants.

nnn enn eK SARAH NETBURN, United States Magistrate Judge: The parties have informed the Court that they have reached a settlement in principle. ECF No. 67. Because this action was brought pursuant to the Fair Labor Standards Act (“FLSA”),

29 U.S.C. § 201

et seq., the Court must review the settlement agreement to ensure its fairness. See Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199

(2d Cir. 2015) (holding that “stipulated dismissals settling FLSA claims with prejudice require the approval of the district court or the DOL to take effect”); Wolinsky v. Scholastic, Inc.,

900 F. Supp. 2d 332, 335-36

(S.D.N.Y. 2012) (identifying factors a court may consider in evaluating the fairness and reasonableness of a proposed FLSA settlement and the reasonableness of a proposed attorney’s fee award). Accordingly, by January 12, 2024, the parties shall file their settlement agreement. On that date, the parties shall also file a joint letter explaining the basis for the proposed settlement, and why it is fair and reasonable. All future dates and deadlines are adjourned sine die. SO ORDERED. fr | en SARAH NETBURN United States Magistrate Judge DATED: December 14, 2023 New York, New York

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