Opinion
1:19-cv-6104 (MKV)
07-13-2022
ANGEL ORTEGA ALMONTE, individually and on behalf of others similarly situated, et al. Plaintiffs, v. HURRICANE STRAUSS INC., doing business as Westville Chelsea, et al. Defendants.
ORDER
MARY KAY VYSKOCIL, United States District Judge.
The parties in the above-captioned case reached a settlement agreement with the help of the SDNY mediator [ECF No. 69]. Because the Complaint asserts claims under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and judicial approval is ordinarily required for settlement, the Court directed the parties to submit materials for the Court's review pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015) [ECF No. 72]. However, the parties instead elected to proceed by offer and acceptance of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure [ECF Nos. 78, 79]. The Court performed its “ministerial” role and entered the judgment [ECF No. 84]. Mei Xing Yu v. Hasaki Rest., Inc., 944 F.3d 395, 400 (2d Cir. 2019). Accordingly, this case should be closed.
SO ORDERED.