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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------X 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. ----------------------------------------------------------------X 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 2

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