Cruz v. Sal-Mark Restauarant Corp. et al
| Vicente Cruz |
| Sal-Mark Restauarant Corp., Matteo-Bella, LLC, Frank Guido, Salvatore Guido, III and Mark Guido |
| 1:2017cv00815 |
| July 24, 2017 |
| US District Court for the Northern District of New York |
| Albany Office |
| Ulster |
| Daniel J. Stewart |
| Glenn T. Suddaby |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
60
ORDER GRANTING PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT, APPROVAL OF CLASS COUNSEL'S FEES AND COSTS AND APPROVAL OF SERVICE AWARD. The Court approves the terms and conditions of the Settlement Agreement. The parties shall proceed with the administration of the settlement in accordance with the terms of the Settlement Agreement. The entire case is dismissed on the merits and with prejudice, with no party being considered or deemed to be a prevailing party, and each side to bear its own attorneys fees and costs except as set forth in the Settlement Agreement. This Final Order and Judgment shall bind, and have res judicata effect with respect to all Class Members. The Court approves and incorporates herein b y reference the releases and waivers set forth in the Settlement Agreement which shall be binding upon the Class Members as set forth in such agreement. Neither this Order, the Settlement Agreement, nor any other documents or informatio n relating to the settlement of this action shall constitute, be construed to be, or be admissible in any proceeding as evidence (a) that any group of similarly situated or other employees exists to maintain a collective action under the FLSA, or a class action under Rule 23 of the Federal Rules of Civil Procedure or comparable state law or rules, (b) that any party has prevailed in this case, or (c) that the Defendants or others have engaged in any wrongdoing. All Class M embers are enjoined pursuant to 28 U.S.C. § 1651(a) from initiating or proceeding with any and all suits, actions, causes of action, claims, or demands in federal or state court or administrative agency based on putative violations of the FLSA or any state law (including statutory, regulatory, and common law) pertaining to wage and hour claims that have been asserted or could have been asserted in this action or that have been released under the Settlement Agreement. Without affecting the finality of this Final Order, the Court will retain jurisdiction over the case following the entry of the dismissal with prejudice of this action to enforce the Settlement Agreement until 30 days after the end of the time for class members to cash their settlement check has expired, as defined in the Settlement Agreement. The parties shall abide by all terms of the Settlement Agreement and this Order. IT IS SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 1/28/2019. (khr)
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