Opinion
20-cv-09800 (ALC)
12-14-2022
WONG, individually and on behalf of others similarly situated, Plaintiff, v. THE JOHN ALLAN COMPANY AND JOHN ALLAN Defendant.
ORDER
ANDREW L. CARTER, JR., United States District Judge.
The Court is in receipt of the Parties' settlement agreement. ECF No. 38. This action was originally initiated on November 20, 2020 and is brought under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). ECF No. 1. Absent approval from the district court, parties cannot settle their FLSA claims through a private stipulated dismissal with prejudice. Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 200 (2d Cir. 2015). The district court must scrutinize the settlement agreement to determine that the settlement is “fair and reasonable.” Wolinsky v. Scholastic Inc., 900 F.Supp.2d 332, 335 (S.D.N.Y. 2012).
Plaintiff has not clearly indicated the allocation of attorney's fees in this matter. The Court requires this information to complete its inquiry. In light of this concern, the Court is not prepared to approve the settlement agreement at this time. The parties are directed to submit this information on or by December 16, 2022.
SO ORDERED.