Nieves Romero Rivera et al v. Silver Star Cleaners Inc. et al
| Maria Nieves Romero Rivera |
| Silver Star Cleaners Inc., Hyung Nam Jo, Mee S Lim, Han S Kim, Ok Im Kim and Michelle Doe |
| 1:2018cv04427 |
| May 18, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Paul A. Crotty |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
63
ORDER: The parties have submitted a revised settlement agreement in this Fair Labor Standards Act case. Pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the Court must determine whether the settlement is fair and reasonable. The Court rejected the parties' original agreement because it included clauses referencing confidentiality and judgment on consent, as well as an overbroad release of the Plaintiffs' claims. See Opinion & Order, ECF No. 46 a t 7. The parties' revised settlement agreement has addressed the Court's concerns, and for the reasons expressed in its prior opinion, the Court approves the revised settlement agreement, ECF No. 61, as fair and reasonable. The request to approve the proposed Settlement Agreement is therefore GRANTED. The Court will separately so-order the parties' Stipulation of Voluntary Dismissal with Prejudice. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/14/2022) (va)
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Filing
60
ORDER: The parties have submitted a revised settlement agreement in this Fair Labor Standards Act case. Pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the Court must determine whether the settlement is fair and reaso nable. The parties' most recent version of the settlement agreement still includes a clause where the parties "agree to enter a Judgment on consent in the amount of $24,000." ECF No. 59-1 at 2. As the Court previously noted, the settlement agreement itself "is an enforceable contract, and as such, the judgment on consent is an unnecessary, duplicative measure taken by the parties." Opinion & Order, ECF No. 46 at 7. The parties are once again directed to strike this clause from their agreement. Once re-executed and filed, the Court will approve the settlement agreement. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/01/2022) (ama)
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Filing
58
ORDER: The parties' revised settlement agreement has addressed some, but not all, of the Court's concerns. The parties are directed, again, to strike the language on page 2 referencing "Judgment on consent in the amount of $91,0 00." And given that new attorneys have been substituted for Plaintiffs' withdrawn counsel, the parties should also consider updating the agreement to reflect the new representation by CSM Legal, P.C., in place of Michael Faillace & Associates, P.C. Once re-executed and filed, the Court will approve the settlement agreement. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/10/2022) (ama)
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Filing
46
OPINION & ORDER: For the reasons stated, the attorney's fees, release and covenant not to sue clause, confidentiality provision of the Agreement, and the judgment on consent are objectionable. The request to approve the proposed Agreement is denied without prejudice; but will be approved upon the submission and review of the appropriate billing records, the deletion of the reference to confidentiality, modification of the release and covenant not to sue, and removal of the judgment on consent. The parties are further instructed to publicly file Plaintiffs damages chart, referenced as Exhibit B in their submission but never publicly filed. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/1/2019) (ks)
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