Opinion
21-CV-6525 (RWL)
12-20-2021
LIDIA VICENTE HIDALGO, Plaintiff, v. TACO INN CORP., et al., Defendant.
ORDER ON SETTLEMENT
ROBERT W. LEHRBURGER, UNITED STATES MAGISTRATE JUDGE.
Before the Court 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 December 17, 2021. (Dkt. 19.) This case is an action for money damages under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. (“FLSA”) and the New York Labor Law. 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 arms-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 addressing whether the Settlement Agreement is fair and reasonable. Among other attributes, the release is limited to wage and hour claims and there is no confidentiality restriction, and the attorney's fee is reasonable. The Court also has taken into account, without limitation, all 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; and the possibility of fraud or collusion.
Considering all the circumstances, the Court finds that the Settlement Agreement is fair and reasonable and hereby is approved. The Clerk of Court is respectfully directed to close this case.
SO ORDERED.