Opinion
21-CV-9628 (VEC)
10-28-2022
CARLOS AGOSTIN ROBLES SANCHEZ, Plaintiff, v. PAYAM INC., PAPRIKA II LLC, and PAPRIKA LLCD, Defendants.
ORDER
VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE
WHEREAS on October 13, 2022, the parties submitted a proposed settlement agreement for the Court's approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), see Dkt. 18;
WHEREAS the Court found that counsel's requested fee and the settlement amount for the case were reasonable, but that the proposed settlement agreement was not fair or reasonable due to the breadth of the release, see Order, Dkt. 20;
WHEREAS the Court ordered that the parties may submit a revised settlement agreement that only contained a release of wage-and-hour claims, see id.;
WHEREAS on October 26, 2022, the parties submitted a revised proposed settlement agreement that states: “In the event that, for any reason, any complaint, appeal, suit, action, charge, claim and/or proceeding is filed or has already been filed by or on behalf of ROBLES SANCHEZ other than the Action, ROBLES SANCHEZ shall take all necessary steps to dismiss or withdraw same with prejudice and ROBLES SANCHEZ shall not obtain or accept any recovery or relief therefrom,” see Dkt. 21-1, Ex. A ¶ 1(a); and WHEREAS the Court interprets the language in Paragraph 1(a) of the Release to extend to claims beyond those relating to the instant wage-and-hour action.
IT IS HEREBY ORDERED that the proposed settlement agreement is not approved as fair and reasonable because of the breadth of the release. The Court would be prepared to approve as fair a settlement that releases only wage-and-hour law claims. The parties may submit, no later than November 4, 2022, a revised settlement agreement that is consistent with this Order if they wish to proceed with the settlement. See Fisher v. S.D. Prot. Inc., 2020 WL 550470, at *8 (2d Cir. Feb. 4, 2020).
SO ORDERED.