Opinion
19-CV-5072 (RWL)
11-29-2021
ZHENJIAN WANG, on behalf of Himself and others similarly situated, Plaintiff, v. XING YUE INC., et al., Defendants.
ORDER
ROBERT W. LEHRBURGER, UNITED STATES MAGISTRATE JUDGE.
The parties have submitted Defendant's offer of judgment pursuant to Federal Rule of Civil Procedure 68 along with Plaintiff's acceptance of same. (Dkt. 74.) Having reviewed the terms of the accepted offer of judgment, the Court notes its concern about the amount of settlement funds apportioned to Plaintiff's lawyers as compared to Plaintiff. However, as the parties have resolved this matter by way of a Rule 68 Offer of Judgment, rather than settlement, no fairness review is warranted pursuant to Mei Xing Yu v. Hasaki Restaurant, Inc., 944 F.3d 395, 400 (2d Cir. 2019). Accordingly, the Court directs entry of judgment on terms contained in the accepted Offer of Judgment, with each party to bear their own fees and costs except as set forth in the accepted Offer of Judgment.
The Clerk of Court is respectfully requested to enter judgment.
SO ORDERED.