Opinion
14-cv-8491 (AJN)
05-17-2017
Lesby Banegas Plaintiff, v. The Mirador Corp., et al., Defendants.
MEMORANDUM & ORDER :
On October 23, 2014, Plaintiff Lesby Banegas filed a complaint in the Southern District of New York alleging violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., the New York Labor Law ("NYLL"), Art. 19 § 650 et seq., and state and local antidiscrimination laws. Dkt. No. 1 ("Compl."). On August 21, 2015, the parties reported that they had reached a settlement. Dkt. No. 23. The Court thereafter instructed the parties to submit their settlement, along with a joint letter explaining why the settlement should be approved, so that the Court could review the settlement to ensure that it is fair and reasonable, in accordance with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). Dkt. No. 24. On April 12, 2016, the Court declined to approve the settlement, citing a number of concerns. Dkt. No. 28.
On May 20, 2016, the parties resubmitted the settlement, addressing each of the Court's concerns. See Dkt. No. 33.
Finding the settlement, in its present form, fair and reasonable, the Court hereby approves the settlement.
In the Court's previous order declining to approve the settlement, the Court noted that the parties had publicly-filed redacted versions of certain documents without complying with Rule 4.A of this Court's Individual Practices in Civil Cases. See Dkt. No. 28 at 3 n.1. In their May 20, 2016 submission, the parties redact Exhibit D, including the Plaintiffs' counsel's billing records. Plaintiffs' counsel is ordered to submit a letter to the Court, on or before May 31, 2017, justifying why the exhibit should be wholly redacted in light of the Second Circuit's decision in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 113 (2d Cir. 2006). In the alternative, Plaintiff's counsel may file an unredacted version of the exhibit on the docket on or before that date. --------
SO ORDERED. Dated: May 17, 2017
New York, New York
/s/_________
ALISON J. NATHAN
United States District Judge