Cuba v. Shadwick, Inc.
Cuba v. Shadwick, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
LAURA CUBA, on behalf of herself and all other persons similarly situated,
Plaintiff,
– against – ORDER
23-cv-05329 (ER) SHADWICK INC. d/b/a THE BRAVEST and MICHAEL F. SHADWICK,
Defendants.
RAMOS, D.J.: Laura Cuba filed this wage-and-hour action on June 22, 2023. Doc. 5. On November 8, 2023, Cuba moved for approval of the parties’ proposed settlement. Doc. 15. �e Court found that both the proposed settlement amount and the requested attorney fees and costs were fair and reasonable. Cuba v. Shadwick Inc., No. 23 Civ. 05329 (ER),
2023 WL 8373009, at *1–3 (S.D.N.Y. Dec. 4, 2023); see Doc. 16. �e Court declined to approve the agreement, however, because it included an overly broad release provision that was not limited to wage-and-hour claims. Cuba,
2023 WL 8373009, at *3. Cuba has now submitted a second motion for settlement approval along with a revised settlement agreement. Doc. 21. �e revised agreement includes a narrower release that is appropriately limited to wage-and-hour claims. Doc. 21-1 at 2–3. Accordingly, for the reasons stated in the Court’s prior opinion, the motion for settlement approval is GRANTED. The Clerk of Court is respectfully directed to terminate the motion, Doc. 21, and close the case.
It is SO ORDERED. Dated: February 9, 2024 > FEE. ne New York, New York \ EDGARDO RAMOS, U.S.D.J.
Reference
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