Burczyk v. Kemper Corporate Services, Inc. et al

Filing 47

ORDER DISMISSING CASE: For the reasons set forth in the attached Order, the Court finds that the revised Settlement Agreement, DE 46 , is fair and reasonable. This case is hereby closed. Ordered by Magistrate Judge Steven I. Locke on 4/5/2017. (Cea, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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FRANCIS J. BURCZYK, on behalf of himself
and all others similarly-situated,
-against-

Plaintiff,

ORDER
15-CV-1483 (SIL)

KEMPER CORPORATE SERVICES, INC.
doing business as Merastar Insurance
Company, and JEFFREY FINDLEY in his
individual and professional capacities,
Defendants.
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LOCKE, Magistrate Judge:
On March 3, 2017 the parties submitted a joint motion seeking approval of a
Settlement Agreement in this Fair Labor Standards Act action. See Docket Entry
(“DE”) [44]. By way of Order dated March 28, 2017, the Court denied the joint motion
with leave to renew as it contained an impermissible non-publication clause. See DE
[45].

Thereafter, on April 3, 2017, the parties submitted a revised Settlement

Agreement, having stricken the non-publication clause, and requested Court
approval. DE [46]. Having reviewed the revised Settlement Agreement, the Court
finds that its terms are fair and reasonable. See Cheeks v. Freeport Pancake House,
Inc., 796 F.3d 199 (2d Cir. 2015); Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335
(S.D.N.Y. 2012) (requiring that a district court scrutinize an FLSA settlement
agreement to determine that it is fair and reasonable).

Therefore, the revised

Settlement Agreement is approved and the case is hereby closed.
.

Dated:

Central Islip, New York
April 5, 2017

SO ORDERED.
s/ Steven I. Locke
STEVEN I. LOCKE
United States Magistrate Judge

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