Gudge v. 109 Restaurant Corp. et al

Filing 37

MEMORANDUM AND ORDER; The Court has considered the parties' submissions, including the Confidential Negotiated Settlement Agreement and General Release ("Settlement") executed by the Plaintiff and Defendants, the issues discussed on th e record at the conference held on May 9, 2015, as well as the Declaration of Joshua Parkhurst filed on May 31,2016, and hereby approves the settlement, including attorneys' fees in the amount of $22,500. Further, for the reasons stated on the record at the May 9 conference, the Court grants the parties' joint request that the Settlement be filed under seal, which shall be done within one week of this order. This action is hereby dismissed with prejudice. (Ordered by: Judge Leonard D. Wexler on 6/14/2016.) (Fagan, Linda) Modified on 6/15/2016 (Fagan, Linda).

FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E 0 NY

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

JUN 14 2016

-------------------------------------------------------)(
CHARLENE GUDGE, on behalf of herself and
all others similarly situated,

MEMORANDUM AND ORDER

Plaintiff,

CV-14-2208

-against(Wexler, J.)
109 RESTAURANT CORP. d/b/a Cafe Royale,
JOHN DO)(EY, and JOHN DOES 1-100,
Defendants.

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WE)(LER, District Judge:
This case alleges violations of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (the
"FLSA") and parallel provisions ofNew York State law by the Defendants. The Court has
considered the parties' submissions, including the Confidential Negotiated Settlement Agreement
and General Release ("Settlement") executed by the Plaintiff and Defendants, the issues
discussed on the record at the conference held on May 9, 2015, as well as the Declaration of
Joshua Parkhurst filed on May 31,2016, and hereby approves the settlement, including attorneys'
fees in the amount of$22,500. See Cheeks v. Freeport Pancake House. et. al, 796 F.3d 199 (2d
Cir. 2015) (requiring court approval of private stipulated dismissals with prejudice ofFLSA
claims). Further, for the reasons stated on the record at the May 9 conference, the Court grants
the parties' joint request that the Settlement be filed under seal, which shall be done within one
week of this order. This action is hereby dismissed with ~ce.
SO ORDERED:

(/?' s/ Leonard D. Wexler
I

LEONARD iS. WE)(LER
UNITED STATES DISTRICT JUDGE

Central(Jlip, New York
June/ (2016

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LONG ISLAND OFFICE