Martinez v. Liam's Landscape Design, LLC et al
| Eliseo Martinez |
| Liam's Landscape Design, LLC and Liam Reilly |
| 2:2022cv01779 |
| March 30, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on May 20, 2022. A more recent docket listing may be available from PACER.
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| Civil Case Terminated pursuant to 5/20/2022 Electronic Order on Motion for Settlement. (Tirado, Chelsea) |
ORDER granting #8 Motion for Settlement. After examination of the settlement agreement, as well as the concerns raised by the parties in their motion (including, inter alia, litigation risk), the Court finds that the terms of the settlement agreement and attorney's fees and costs are fair and reasonable under Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015).Accordingly, the settlement agreement and release, DE 8, Ex. 3, is hereby approved and So Ordered with the exception of Section 2.e, which states "the Court may retain jurisdiction over this Action to enforce this Agreement and the payments set forth in this Paragraph." The Court does NOT retain jurisdiction to enforce the parties' settlement agreement and release. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994); Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). As such, this action is hereby dismissed with prejudice. Plaintiff's counsel is directed to mail a copy of this Order to defendants, and the Clerk of the Court is respectfully directed to close the case. Ordered by Judge Gary R. Brown on 5/20/2022. (Tahbaz, Joseph)
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| Filing 8 MOTION for Settlement Approval of a Fair Labor Standards Act Case by Eliseo Martinez. (Attachments: #1 Memorandum in Support, #2 Declaration of Keith E. Williams, Esq., #3 Exhibit A - Settlement Agreement, #4 Exhibit B - Plaintiff's Damage Chart, #5 Exhibit C - Attorney Time Sheet, #6 Exhibit D - Invoices) (Williams, Keith) |
| Filing 7 SUMMONS Returned Executed by Eliseo Martinez. Liam Reilly served on 4/5/2022, answer due 4/26/2022. (Williams, Keith) |
| Filing 6 SUMMONS Returned Executed by Eliseo Martinez. Liam's Landscape Design, LLC served on 4/5/2022, answer due 4/26/2022. (Williams, Keith) |
| Filing 5 Summons Issued as to Liam's Landscape Design, LLC, Liam Reilly. (Tirado, Chelsea) |
| Filing 4 Proposed Summons. Re #1 Complaint, by Eliseo Martinez (Williams, Keith) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Jakubowski, Laura) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Filing 1 COMPLAINT against Liam's Landscape Design, LLC, Liam Reilly filing fee $ 402, receipt number ANYEDC-15423057 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Eliseo Martinez. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Williams, Keith) Modified on 3/30/2022 (Jakubowski, Laura). |
| Your proposed summons was not issued for the following reason: The section that reads "The answer or motion must be served on plaintiff or plaintiff's attorney, whose name and address are:" has not be completed. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Jakubowski, Laura) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Jakubowski, Laura) |
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