Leon-Martinez et al v. Central Cafe & Deli et al
| Carlos Leon-Martinez, Fernando Meza Ramos, Victor Bautista Sanchez and Jose Antonio Lopez |
| Central Cafe & Deli, Deli Cross Enterprises, Inc. and Yeon-Whan Chu |
| 1:2015cv07942 |
| October 7, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Analisa Torres |
| Fair Labor Standards Act |
| 15 U.S.C. ยง 2 |
| None |
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Filing
42
OPINION AND ORDER: This matter is before me on the parties' joint application to approve their settlement (Letter from Thomas J. Lamadrid, Esq., to the undersigned, dated Mar. 29, 2017 (Docket Item ("D.I.") 37); Letter from Thom as J. Lamadrid, Esq., to the undersigned, dated May 12, 2017 (D.I. 40) ("Lamadrid May 12 Letter")). All parties have consented to my exercising plenary jurisdiction pursuant to 28 U.S.C. § 636(c); as further set forth herein. Accordingly, for all the foregoing reasons, I approve the settlement in this matter. In light of the settlement, the action is dismissed with prejudice and without costs. The Clerk of the Court is respectfully requested to mark this matter closed. (Signed by Magistrate Judge Henry B. Pitman on 5/22/2017) (mro)
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Filing
39
OPINION AND ORDER: All parties have consented to my exercising plenary jurisdiction pursuant to 28 U.S.C. § 636(c). Accordingly, within 30 days of the date of this Order, the parties are to provide a revised settlement agreement that eliminates the foregoing issues and a rational explanation for the allocation of the settlement proceeds. (As further set forth in this Order.) (Signed by Magistrate Judge Henry B. Pitman on 4/13/2017) Copies Sent By Chambers. (cf)
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Filing
35
OPINION AND ORDER OF DISMISSAL: First, given the relatively modest size of the settlement fund in comparison to the plaintiffs' claims, I shall needsome specifics concerning the defendants' assets, such as a statement of assets and liabilit ies and whether defendants have any current sources of income. A defendant's financial condition may justify the deep discounting of a claim, but facts are required to justify the discount. Second, the release language is overly broad. Paragraph 2 appears to provide that the settlement resolves all claims or potential claims plaintiffs may have against the defendants. This language effectively makes the settlement agreement a general release. In addition, it is unclear what claims are relea sed by Paragraph 7. Among other things, Paragraph 7 purports to release "all claims referred to of identified in various correspondence to an between he parties leading up to [the Settlement Agreement]." What this cross reference reaches is undefined. Numerous judges in this Circuit have condemned the insertion of general or broad releases into FLSA settlement agreements. The settlement should more clearly and narrowly define what is being released. I shall await the parties' further submission in this matter. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 12/19/2016) Copies Faxed By Chambers. (ama)
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