Opinion
19-CV-10134 (OTW)
04-09-2021
ANDRES EMETERIO TERAN, on behalf of himself and FLSA Collective Plaintiffs, Plaintiff, v. NAI TAPAS RESTAURANT CORP. and RUBEN RODRIGUEZ, Defendants.
OPINION & ORDER ONA T. WANG, United States Magistrate Judge :
On March 25, 2021, the Court declined to approve the proposed settlement agreement under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) because the proposed settlement agreement had an overly restrictive non-disparagement provision. (ECF 39 at 4-5 (citing Martinez v. Gulluoglu LLC, No. 15-CV-2727 (PAE), 2016 WL 206474, at *1 (S.D.N.Y. Jan. 15, 2016) (finding non-disparagement provisions generally contravene the FLSA's purpose); Gaspar v. Pers. Touch Moving, Inc., No. 13-CV-8187 (AJN), 2015 WL 7871036, at 83 (S.D.N.Y. Dec. 3, 2015) (Non-disparagements provisions "prevent the spread of information about FLSA actions to other workers (both employees of Defendants and others), who can then use information to vindicate their statutory rights.")). The Court, employing the Wolinsky v. Scholastic Inc., 900 F. Supp. 3d 332, 335 (S.D.N.Y. 2012) factors, found that the rest of the proposed settlement agreement compiled with Cheeks.
The Court ordered that the parties file a revised settlement agreement. (ECF 39 at 6). On April 8, 2021, the parties filed a revised settlement agreement that removed the mutual non-disparagement clause. (ECF 40). Accordingly, I approve the Settlement Agreement (ECF 40-1).
The Clerk of Court is directed to terminate any open motions and close the case.
SO ORDERED.
s/ Ona T . Wang
Ona T. Wang
United States Magistrate Judge Dated: April 9, 2021
New York, New York