Santiago v. Shiva's Indian Restaurant et al
Filing
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ORDER APPROVING SETTLEMENT AND DISMISSING CASE. Re: ECF 17 . Signed by Judge Nathanael Cousins on 2/14/2017. (lmh, COURT STAFF) (Filed on 2/14/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JUAN CARLOS SANTIAGO,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 16-cv-03757 NC
ORDER APPROVING
SETTLEMENT AND DISMISSING
CASE
v.
SHIVA’S INDIAN RESTAURANT,
SHYAM CHOUDHARY, HARSH
BAHL, and OM BUSINESS SERVICES,
INC.,
Re: ECF 17
Defendants.
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Presented to the Court is a joint motion for approval of the settlement of plaintiffs’
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claims under the Fair Labor Standards Act (FLSA). During the time period covered by the
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settlement, plaintiff Santiago asserts he worked as a “busser” at Shiva’s Indian Restaurant
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in downtown Mountain View, California. Plaintiff asserts that he was not properly paid
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his overtime premiums when he worked more than 40 hours per week.
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After the case was referred for mediation, the parties resolved plaintiff’s claims by
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way of a settlement agreement. ECF 18. All parties have consented to the jurisdiction of a
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magistrate judge under 28 U.S.C. § 636(c). ECF 7, 10. Plaintiff Santiago is bound by the
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settlement. He has agreed to dismiss and release his claims, subject to Court approval.
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Defendants have agreed to pay a total of $13,000.00. Of this total amount, plaintiff’s
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counsel will retain $4,290.00 in fees and costs; Santiago will receive $8,710.00. ECF 17.
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Because one of plaintiffs’ claims is under the FLSA, approval by either the
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Case No. 16-cv-03757 NC
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Secretary of Labor or the Court is required. When presented with a proposed settlement of
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FLSA claims, the Court “must determine whether the settlement is a fair and reasonable
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resolution of a bona fide dispute.” See Lynn’s Food Stores, Inc. v. United States, 679 F.2d
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1350, 1353 (11th Cir. 1982); Yue Zhou v. Wang’s Restaurant, Case No. 05-cv-0279 PVT,
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2007 WL 2298046, at *1 (N.D. Cal. Aug. 8, 2007).
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Here, the Court has reviewed the settlement. ECF 18. There were no objections
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received. The Court finds that the settlement is a fair and reasonable resolution of a bona
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fide dispute.
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Finally, the parties have requested that the Court dismiss the complaint with
prejudice upon full payment of the settlement sum (expected by March 20, 2017). That
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United States District Court
Northern District of California
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request is granted. Accordingly, the settlement is approved; the complaint is dismissed
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with prejudice; the clerk is requested to terminate this case; and the Court retains
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jurisdiction to enforce the settlement until April 7, 2017, or further Court order.
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IT IS SO ORDERED.
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Dated: February 14, 2017
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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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Case No. 16-cv-03757 NC
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