Felix v. Breakroom Burgers & Tacos et al
Ramon Felix |
Breakroom Burgers & Tacos, M&C Food and Beverage LLC, Michael Tang and Christopher Wong |
1:2015cv03531 |
May 6, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
Bronx |
Paul A. Engelmayer |
Fair Labor Standards Act |
29 U.S.C. ยง 203 |
None |
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Filing 33 OPINION & ORDER: For the foregoing reasons, the Court declines to approve the proposed settlement. However, if the parties satisfactorily address the Court's concerns about the non-disparagement provision and the broad release, and if the Court is satisfied that Felix's employment status at Breakroom does not pose a risk of coercion or recurrence, the Court expects to approve the settlement. The parties are directed to submit a revised settlement agreement and joint letter by March 29, 2016, addressing the Court's concerns. (As further set forth in this Opinion & Order.) (Signed by Judge Paul A. Engelmayer on 3/8/2016) (mro) |
Filing 28 OPINION & ORDER: In light of this ruling, the parties may proceed in one of the three following ways: The parties may file a revised agreement by February 4, 2016, that addresses the concerns expressed in this order. The parties also shal l file a joint letter that (1) describes the bona fides of the dispute and identifies and explains the amount that plaintiff could receive if he prevailed at trial, and (2) explains why the settlement amount and the portion of the settlement al located to attorneys' fees are fair and reasonable. Plaintiff's counsel also shall submit contemporaneous time records, and information regarding the hourly rate for all attorneys and support staff who have worked on this case; or The parties may file a joint letter by February 4, 2016, indicating their intention to abandon the settlement and to continue litigating this matter; or The parties may stipulate to a dismissal of this case without prejudice, as such settlements do not require Court approval. See Cheeks, 796 F.3d at 201 n. 2. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 1/21/2016) (kl) |
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