Opinion
20-CV-10156 (PMH)
12-27-2021
PABLO GUZMAN, individually, and on behalf of all others similarly situated, Plaintiff, v. MISTI'S TRANSPORT, et al., Defendants.
ORDER
PHILIP M. HALPERN, United States District Judge.
WHEREAS, Plaintiff filed a Complaint on December 3, 2020, alleging that Defendants violated, inter alia, the Fair Labor Standards Act (“FLSA”) by failing to pay Plaintiff overtime compensation;
WHEREAS, the parties in the above-captioned action have filed a letter representing that Plaintiff cannot maintain his claim under the FLSA because he is exempt under the Federal Motor Carrier Act (Doc. 18);
WHEREAS, the parties in the above-captioned action wish to settle this litigation and filed on November 8, 2021 a letter requesting approval of a proposed Settlement Agreement governing Plaintiffs FLSA claim (“Proposed FLSA Settlement Agreement”) (Doc. 16; Doc. 16-1);
WHEREAS, the parties also filed a Settlement Agreement governing Plaintiffs non-FLSA claims in the above-referenced action (Doc. 16-2);
WHEREAS, the parties' request to approve the Proposed FLSA Settlement Agreement was denied without prejudice to renew and thereafter renewed by letter filed on November 23, 2021 (Doc. 17; Doc. 18);
WHEREAS, having reviewed the Proposed FLSA Settlement Agreement (Doc. 16-1) and related submissions, the Court finds, pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), that the Proposed FLSA Settlement Agreement is fair and reasonable and that the attorneys' fees are reasonable as well, see Wolinsky v. Scholastic Inc., 900 F.Supp.2d 332, 335-37 (S.D.N.Y. 2012);
IT IS ORDERED that the request to approve the Proposed FLSA Settlement Agreement is GRANTED; and
IT IS FURTHER OREDERED that the Clerk of the Court close this case.
SO ORDERED: