Cuevas v. Elio & Sons LLC et al
| Henry Cuevas |
| Elio & Sons LLC, Halil "Elio" Djonbalij, Skender Gashi and John Does #1-3 |
| 1:2017cv02490 |
| April 6, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G. Schofield |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
23
OPINION AND ORDER: re 22 SETTLEMENT AGREEMENT. ORDERED that the Revised Settlement Agreement is APPROVED as fair and reasonable based on the nature and scope of Plaintiff's claims and the risks and expenses involved in additional litigation. See Cheeks, 796 F.3d at 206; Wolinsky, 900 F. Supp. 2d at 335-36. It is further ORDERED that Plaintiff's counsels' fees request of $6,747.99, including $621.99 in costs, is GRANTED. The remainder of the settlement shall be distributed to Plaintiff. The Clerk of Court is directed to close this case. (Signed by Judge Lorna G. Schofield on 6/23/2017) (ama)
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Filing
21
OPINION AND ORDER re: 19 JOINT MOTION for Settlement Parties' Joint Motion for Approval of FLSA Settlement. filed by Henry Cuevas. It is hereby ORDERED that the settlement agreement is not approved in its current form; it is fur ther ORDERED that any amendment to the settlement agreement or new settlement agreement shall strike the "no assist" provision (paragraph 5), which purports to prohibit Plaintiff from "voluntarily tak[ing] any action to support, encou rage or participate in any action which names, or may in any way damage the reputation of the Defendants." This provision is in "strong tension with the remedial purposes of the FLSA" because, among other reasons, it "raises th e specter of defendants settling FLSA claims with plaintiffs, perhaps at a premium, in order to avoid a collective action or individual lawsuits from other employees whose rights have been similarly violated." Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). It is further ORDERED that any amendment or revised settlement agreement shall be filed by June 29, 2017. A separate order relating to attorneys' fees will issue after the filing of any such amendment or agreement. (Signed by Judge Lorna G. Schofield on 6/19/2017) (kgo)
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