Betancourt v. Bx Parking LLC

District Court, S.D. New York

Betancourt v. Bx Parking LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X BRYAN BETANCOURT,

Plaintiff, 23-CV-9931 (VF)

-against- ORDER

BX PARKING LLC, et al.,

Defendants. -----------------------------------------------------------------X VALERIE FIGUEREDO, United States Magistrate Judge

The parties in this wage-and-hour case under the Fair Labor Standards Act (“FLSA”) have consented to my jurisdiction under

28 U.S.C. § 636

(c) and Federal Rule of Civil Procedure 73 for purposes of reviewing their proposed settlement. ECF No. 26. On August 9, 2024, the parties submitted a joint-letter motion in support of settlement (ECF No. 36) and proposed settlement agreement (ECF No. 36-1) for approval under Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199

(2d Cir. 2015). The Court has reviewed the agreement and corresponding letter in order to determine whether the proposed agreement represents a reasonable compromise of the claims asserted in this action, and, in light of the totality of the relevant circumstances, including the representations made in the parties’ letter and the terms of the proposed settlement agreement, it is hereby ORDERED that: 1. The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate, both to redress Plaintiff’s claims in this action and to compensate Plaintiff’s counsel for their legal fees, and the agreement is therefore approved. 2. This Court will retain jurisdiction over this matter for the purpose of enforcing the settlement agreement, if necessary. 3. Asaresult of the Court’s approval of the parties’ proposed settlement, this action is hereby discontinued with prejudice and without costs, provided, however, that, within 30 days of the date of this Order, if any aspect of the written documentation of the settlement is not completed, then Plaintiff may apply by letter for the restoration of the action to the active calendar of the Court. 4. The Clerk of Court is directed to close this case. SO ORDERED. DATED: New York, New York \ \ HL August 21, 2024 \ Wy \/ VALERIE FIGUEREDO United States Magistrate Judge

Reference

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