Llontoy v. Martinez Cleaning Co. Inc., et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION. The parties' settlement agreement 17 is approved, and the Clerk of the Court is respectfully directed to close the case. Ordered by Judge Ann M. Donnelly on 8/13/2018. (Greene, Donna)

IN CLERK'S OFFICE

US DISTRICT COURT E.D.N.Y.

^ AUG 1 3 2018 *

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

BROOKLYN OFFICE

ALIPIA LLONTOY,individually and on behalf of
all others similarly situated.
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

-against-

17-cv-07366(AMD)
(RER)

MARTINEZ CLEANING CO.INC., JORGE
MARTINEZ and ELVA MARTINEZ,

jointly and severally,
Defendants.
X

Ann M.Donnelly, United States District Judge:

On December 18, 2017,the plaintiff, Alipia Llontoy, filed a class and collective action
complaint on behalfof herself and similarly situated employees ofthe defendants, alleging
violations ofthe Fair Labor Standards Act and the New York Labor Law. The defendants

reached a settlement with the named plaintiff, and on July 23, 2018,the parties filed a joint
motion for approval ofthe settlement agreement. (ECF No. 17.)
After reviewing the parties' settlement agreement in accordance with Cheeks v. Freeport
Pancake House, Inc., 796 F.3d 199(2d Cir. 2015), Magistrate Judge Ramon E. Reyes, Jr.

recommended that I approve the parties' settlement agreement. (Minute Order, July 27,2018.)
Judge Reyes ordered the parties to file objections by August 10,2018. {Id.) To date, no
objections have been filed.
A district court"may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). Where, as here, no

party has objected to the magistrate judge's recommendation,"a district court need only satisfy
itselfthat there is no clear error on the face ofthe record." Urena v. Hew York, 160 F. Supp. 2d

606,609-10(S.D.N.Y. 2001)(quoting

v. Smith,6\%Y. Supp. 1186, 1189(S.D.N.Y.

1985)).
I have reviewed the terms of the parties' settlement agreement and adopt Judge Reyes'
recommendation that I approve the settlement. The parties' settlement agreement[17] is

approved, and the Clerk ofthe Court is respectfully directed to close the case.
SO ORDERED.

s/Ann M. Donnelly
M. Donnelly
United States District Judge
Dated: Brooklyn, New York
August 13, 2018