Ross v. Lake Norman Enterprises, LLC et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons set forth herein, the Court adopts the April 19, 2019 recommendation of Judge Reyes, and approves the settlement agreement filed on March 22, 2019. (Doc. No. 26 )As the parties have settled this action, the Clerk of Court is hereby directed to close the file. Ordered by Judge Roslynn R. Mauskopf on 5/8/2019. (Taronji, Robert)

UNITED STATES DISTRJCT COURT
EASTERN DISTRICT OF NEW YORK

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MATTHEW ROSS,
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION
l 7-CY-6332 (RRM) (RER)

- against LAKE NORMAN ENTERPRISES, LLC, and
NICHOLAS MINERVA,
Defendants.

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ROSL YNN R. MAUSKOPF, United States District Judge.
On October 3 1, 20 I 7, plaintiff Matthew Ross commenced this co llective action pursuant
to the Fair Labor Standards Act, 29 U.S.C. § 20 I et seq. , and New York Labor Law, seeking to
recover unpaid overtime wages and damages for failure to provide wage statements and notices
from his former employer, defendant Lake Norman Enterprises, LLC, and its owner or principal,
Nicholas Minerva. Magistrate Judge Reyes refe1Ted this case to mediation. On March 5, 2019,
defendants filed a letter notifying the Court that the parties had reached a settlement. (3/5/2019

Ltr. (Doc. No. 25).) On March 22, 2019, Ross filed a letter addressed to Judge Reyes asking the
Court to approve the settlement agreement, and representing that the, agreement "is fair and
reasonable and in accordance with the standard set forth by the Second Circuit in Cheeks v.

Freeport Pancake House, Inc., 796 F.3d 19 (2d Cir. 2015)." (3/22/2019 Ltr. (Doc. No. 26) at I.)
On April 19, 20 19, Judge Reyes entered a Report and Recommendation on ECF
recommending approval of the settlement. The entry states that Judge Reyes conducted a review
of the settlement agreement in accordance with Cheeks, and fo und its terms to be fa ir and
reasonable. To date, no party has filed any objections to Judge Reyes ' recommendation.
This Court has reviewed Judge Reyes' recommendation and finds no error. Further, the

Court has reviewed the terms of the settlement de nova pursuant to the standards set forth in

Cheeks. The Court agrees with Judge Reyes that the settlement agreement, filed on March 22,
2019, meets the requirements of Cheeks. As such, the Court approves the settlement.
CONCLUSION
For the reasons set forth herein, the Court adopts the April 19, 2019 recommendation of
Judge Reyes, and approves the settlement agreement filed on March 22 , 2019. (Doc. No. 26.)
As the parties have settled this action, the Clerk of Court is hereby directed to close the file.

SO ORDERED.
Dated: Brooklyn, New York
~
2019

/ l½

,

s/Roslynn R. Mauskopf
ROSL YNN R. MAUSKOPF
United States District Judge

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