From Casetext: Smarter Legal Research

Maraio v. CMSG Rest. Grp.

United States District Court, S.D. New York
Nov 14, 2022
22-CV-2178 (PGG) (RWL) (S.D.N.Y. Nov. 14, 2022)

Opinion

22-CV-2178 (PGG) (RWL)

11-14-2022

ANTHONY MARAIO, Plaintiff, v. CMSG RESTAURANT GROUP, LLC dba LARRY FLYNT'S HUSTLER CLUB et al., Defendants.


ORDER

ROBERT W. LEHRBURGER, MAGISTRATE JUDGE

On November 10, 2022, the parties filed a proposed settlement agreement and requested approval pursuant to Cheeks v. Freeport Pancake House. (Dkt.28) (incorrectly designated as a request for leave to file excess pages). Unless the parties consent to my jurisdiction for all purposes, review and approval of the settlement agreement falls under the jurisdiction of District Judge Gardephe.

Additionally, the Court notes at least two potential concerns with the proposed settlement agreement, which the parties will need to remedy or address in a supplemental filing: (1) Plaintiff's stipulation, for settlement purposes only, to being a non-employee, even though an employment relationship is required for recovery; and (2) the provisions requiring confidentiality, which generally are not appropriate for settlement of an FLSA case.

SO ORDERED.


Summaries of

Maraio v. CMSG Rest. Grp.

United States District Court, S.D. New York
Nov 14, 2022
22-CV-2178 (PGG) (RWL) (S.D.N.Y. Nov. 14, 2022)
Case details for

Maraio v. CMSG Rest. Grp.

Case Details

Full title:ANTHONY MARAIO, Plaintiff, v. CMSG RESTAURANT GROUP, LLC dba LARRY FLYNT'S…

Court:United States District Court, S.D. New York

Date published: Nov 14, 2022

Citations

22-CV-2178 (PGG) (RWL) (S.D.N.Y. Nov. 14, 2022)