From Casetext: Smarter Legal Research

Rivera-Colon v. Eliseo

United States District Court, S.D. New York
Sep 8, 2021
Civil Action 21 Civ. 1667 (SLC) (S.D.N.Y. Sep. 8, 2021)

Opinion

Civil Action 21 Civ. 1667 (SLC)

09-08-2021

HECTOR RIVERA-COLON, Plaintiff, v. ROBERT ELISEO, et al., Defendants.


SETTLEMENT APPROVAL

SARAH L. CAVE, 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 Fed.R.Civ.P. 73 for purposes of reviewing their proposed settlement (ECF No. 31) and have now submitted a Letter-Motion in support of settlement (ECF No. 37), proposed Settlement Agreement (ECF No. 37-1), and exhibits (ECF Nos. 37-1 - 37-2), for approval under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). Courts generally recognize a “strong presumption in favor of finding a settlement fair” in FLSA cases like this one, as courts are not in as good a position as the parties to determine the reasonableness of a FLSA settlement. Souza v. 65 St. Marks Bistro, No. 15 Civ. 327 (JLC), 2015 WL 7271747, at *4 (S.D.N.Y. Nov. 6, 2015) (citation omitted).

Having carefully reviewed the joint letter-motion in support of settlement, the Settlement Agreement and accompanying exhibits, and having participated in a lengthy conference that led to the settlement, the Court finds that all of the terms of the proposed settlement, including the allocation of attorneys' fees and costs, appear to be fair and reasonable under the totality of the circumstances and in light of the factors enumerated in Wolinsky v. Scholastic Inc., 900 F.Supp.2d 332, 335 (S.D.N.Y. 2012). Accordingly, the Court approves the settlement.

This action is dismissed with prejudice and without costs except as may be stated in the settlement agreement. The Court will retain jurisdiction to enforce the settlement agreement. Any pending motions are moot. The Clerk of Court is respectfully requested to close ECF No. 35 mark it as “granted, ” and close this case.

SO ORDERED.


Summaries of

Rivera-Colon v. Eliseo

United States District Court, S.D. New York
Sep 8, 2021
Civil Action 21 Civ. 1667 (SLC) (S.D.N.Y. Sep. 8, 2021)
Case details for

Rivera-Colon v. Eliseo

Case Details

Full title:HECTOR RIVERA-COLON, Plaintiff, v. ROBERT ELISEO, et al., Defendants.

Court:United States District Court, S.D. New York

Date published: Sep 8, 2021

Citations

Civil Action 21 Civ. 1667 (SLC) (S.D.N.Y. Sep. 8, 2021)