Gonzalez Gonzalez et al v. Treadwell Park LLC et al
Case Number: 1:2020cv04568
Filed: August 4, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Denial of Overtime Compensation
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Date Filed Document Text
August 2, 2022 Opinion or Order Filing 77 SETTLEMENT APPROVAL ORDER. Having carefully reviewed the joint letter in support of settlement, accompanying exhibits, and the Corrected Settlement Agreement, the Court finds that all of the terms of the proposed settlement, including the allocati on of attorneys' fees and costs, appear to be fair and reasonable under the totality of the circumstances and in light of the factors enumerated in Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012). Accordingly, the Court approves the Revised Settlement Agreement. The Clerk of Court is respectfully requested to mark ECF No. 76 as "granted". SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/2/22) (yv)
April 5, 2022 Opinion or Order Filing 72 ORDER. The Court is in receipt of the parties' request for approval of their settlement agreement (the "Settlement Agreement"). (ECF No. 70). In its review of these materials, the Court has identified the following issues: 1. The Se ttlement Agreement is not signed by Defendants (see ECF No. 70-1 at 910); 2. The parties failed to sign the Stipulated Order of Dismissal (see id. at 10). The Court cannot act on the parties' request until these issues are resolved. Accordingly, by April 8, 2022, the parties shall file the signed Settlement Agreement and Stipulated Order of Dismissal. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/5/22) (yv)
February 24, 2022 Opinion or Order Filing 64 ORDER granting 61 Letter Motion for Extension of Time to File. The parties' requested extension (ECF No. 61) is GRANTED. By March 11, 2022, either (i) the parties shall file a stipulation withdrawing Defendants' motion for sanctions(E CF No. 50 (the "Motion")) or (ii) Plaintiff Olman Eliseo Velasquez Fuentes and his counsel, CSM Legal P.C., shall file their opposition to the Motion. The Clerk of Court is respectfully directed to close ECF No. 61. SO ORDRED. (Signed by Magistrate Judge Sarah L Cave on 2/24/2022) (ks)
February 16, 2022 Opinion or Order Filing 58 ORDER: IT IS HEREBY ORDERED THAT to the extent the parties wish to dismiss this action with prejudice, they must, no later than February 25, 2022, file a joint letter explaining why the case is being dismissed with prejudice as to Plaintiff Gonzal ez if there is no settlement. IT IS FURTHER ORDERED THAT if the parties decide to withdraw the previously filed stipulation of dismissal and file a stipulated dismissal without prejudice, the letter must include a certification from Plaintiff' s counsel: (1) that the Plaintiff has been clearly advised that the dismissal of this case does not preclude him from filing another lawsuit against the same Defendants for the wage and hour claims made in this case; and (2) that the Plaintiff has not provided a release of any sort to the Defendants. Alternatively, if there is a settlement agreement, the parties must file a joint letter motion requesting that the Court approve the settlement agreement or provide documentation of approval by DOL. Any letter motion, along with the settlement agreement, must be filed on the public docket by February 25, 2022. The letter motion must explain why the proposed settlement is fair and reasonable and should discuss, at a minimum, the followin g factors: As further set forth by this Order. The parties are advised that the Court is unlikely to approve any agreement that contains a general release or a release of any claims that were not raised in the complaint and are unrelated to wage-a nd-hour claims under the FLSA or related state laws. See Flores-Mendieta v. Bitefood Ltd., No. 15-CV-4997, 2016 WL 1626630, at *2 (S.D.N.Y. Apr. 21, 2016) ("A FLSA settlement cannot offer the defendant a sweeping release from liability that wo uld 'waive practically any possible claim against the defendants, including unknown claims and claims that have no relationship whatsoever to wage-and-hour issues.'") (quoting Cheeks, 796 F.3d at 206). Such releases are generally di sfavored, even if mutually applicable to all parties. See Gurung v. White Way Threading LLC, 226 F. Supp. 3d 226, 229 (S.D.N.Y. 2016) ("The fact that the general release is styled as mutual... does not salvage it, absent a sound explanation f or how this broad release benefits the plaintiff employee."). If, notwithstanding that admonition, the parties believe that this case is sufficiently unusual that the Court should consider approving a release that goes beyond wage-and-hour a nd related labor law claims, the joint motion must explain why such a settlement term is appropriate in this case. Failure to do so will likely result in the motion being summarily denied but may also result in sanctions against the attorneys for failure to comply with this Court's order. SO ORDERED. ( Motions due by 2/25/2022.) (Signed by Judge Valerie E. Caproni on 2/16/2022) (tg)
February 11, 2022 Opinion or Order Filing 54 ORDER: Pursuant to the Court's Local Rules, Fuentes' and CSM's opposition to the Motion was due by February 7, 2022. See S.D.N.Y. Loc. Civ. R. 6.1(b). To date, Fuentes and CSM have neither filed their opposition nor requested an e xtension of the now-lapsed deadline to do Nonetheless, the Court sua sponte extends this deadline, and directs Fuentes and CSM to file their opposition by February 14, 2022. If no opposition is filed by that date, the Court will deem the Motion fully briefed. ( Responses due by 2/14/2022) (Signed by Magistrate Judge Sarah L Cave on 2/11/2022) (ate)
August 4, 2020 Opinion or Order Filing 28 ORDER granting 27 Letter Motion to Stay. Application GRANTED. This case is STAYED pending arbitration. The parties are directed to provide joint quarterly updates on the status of arbitration. The first status update is due November 1, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/04/2020) (ama)
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