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.