Garcia Pacheco v. Shree Laxmi Restaurant Inc. et al
| Jaime Garcia Pacheco |
| Shree Laxmi Restaurant Inc., Abishek Sharma and Lala R. Sharma |
| 1:2017cv03165 |
| April 29, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ronnie Abrams |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
45
MEMORANDUM OPINION & ORDER: For the reasons stated above, the Court cannot approve the parties' Agreement. The parties may proceed as follows no later than January 4, 2019: 1. The parties may file a revised Agreement that (1) specifies what amou nt of the total settlement amount will be allocated to Plaintiff by Plaintiff's counsel and (2) removes the release and non-disparagement provisions; 2. The parties may file a joint letter indicating their intention to abandon the Agreement and continue pursuing this litigation; or 3. The parties may stipulate to a dismissal of this action without prejudice, as the Second Circuit has not expressly held that such settlement agreements require court approval. See Cheeks, 796 F.3d at 201 n.2. (Signed by Judge Ronnie Abrams on 12/17/2018) (jwh)
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