Kassel v. City of New York

District Court, S.D. New York

Kassel v. City of New York

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

RONNIE KASSEL, et al., Plaintiffs 23-CV-5211 (RFT) -against- ORDER CITY OF NEW YORK, et al., Defendants.

ROBYN F. TARNOFSKY, United States Magistrate Judge. Before me is the parties’ joint request that the Court approve their settlement agreement in this case (the “Settlement Agreement”), a fully executed copy of which was submitted on January 26, 2024 (ECF 31-1). This case is an action for money damages under the Fair Labor Standards Act of 1938,

29 U.S.C. § 201

et seq. (“FLSA”). A federal court must determine whether settlement of an FLSA case before the court is fair and reasonable and the subject of an arms’-length negotiation, as opposed to an employer’s overreaching. See Cheeks v. Freeport Pancake House,

796 F.3d 199

(2d Cir. 2015). | have carefully reviewed the Settlement Agreement, as well as the parties’ thorough letter addressing whether the Settlement Agreement is fair and reasonable (ECF 31). | have considered, without limitation, the prior proceedings; the risks, burdens, and costs of continuing the action; the range of possible recoveries; whether the Settlement Agreement is the product of arms’-length bargaining between experienced counsel or parties; the possibility of fraud or collusion; and the reasonableness of the attorneys’ fees to be paid. Considering all these factors, | find that the Settlement Agreement is fair and reasonable. The Settlement Agreement hereby is approved. The Clerk of Court is respectfully directed to close this case. Dated: February 5, 2024 New York, New York So {pwr ROBYN F. TARNOFSKY United States Magistrate Judge

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