Benjamin v. City of New York
Benjamin v. City of New York
Trial Court Opinion
USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT SRN Een SOUTHERN DISTRICT OF NEW YORK DOC # DATE FILED: _ 2/10/2025 □ ALBERT-ANN BENJAMIN, ET AL., Plaintiffs, ORDER APPROVING -V- SETTLEMENT AND DISMISSING CASE CITY OF NEW YORK, 23-CV-5458 (HJR) Defendant.
HENRY J. RICARDO, United States Magistrate Judge. This case is an action for damages under the Fair Labor Standards Act,
29 U.S.C. § 201et seg. (“FLSA”), which is before this Court on the consent of the parties pursuant to
28 U.S.C. § 636(c). The Court has received the parties’ joint letter request that the Court approve their settlement agreement, a fully executed copy of which was submitted on September 9, 2024. ECF Nos. 99, 99-1. The Court also has received the Declaration of Diana J. Nobile and the Declaration of Hope A. Pordy. ECF Nos. 99- 3, 99-4. A federal court is obligated to determine whether settlement of an FLSA case under the court’s consideration is fair and reasonable and the subject of an arm’s length negotiation, not an employer’s overreaching. See Cheeks v. Freeport Pancake House,
796 F.3d 199(2d Cir. 2015). The Court has carefully reviewed the Settlement Agreement as well as the parties’ letter. The Court has taken into account, without limitation, prior proceedings in this action; the attendant risks, burdens, and costs associated with
continuing the action; the range of possible recovery; whether the Settlement Agreement is the product of arm’s length bargaining between experienced counsel or parties; the amount of attorney’s fees; and the possibility of fraud or collusion. Among other attributes of the Settlement Agreement, there are no confidentiality restrictions; the release is narrowly tailored to wage and hour claims; and the attorneys’ fees are within a fair, reasonable, and acceptable range. Considering all the circumstances, the Court finds that the Settlement Agreement is fair and reasonable and it is hereby approved. This case, having resolved by settlement, is hereby dismissed and discontinued in its entirety, with prejudice, without costs or fees to any party, except as provided for in the parties’ settlement agreement. At the parties’ request, see Settlement Agreement { 7.1, the Court will retain jurisdiction for the limited purpose of enforcing the Settlement Agreement. The Clerk of Court is respectfully requested to terminate all motions and deadlines, and to close this case. SO ORDERED. Dated: February 10, 2025 f we New York, New York i [Sf 4
He qs. Ricardo United States Magistrate Judge
Reference
- Status
- Unknown