Colon v. Sam Tell and Son, Inc. et al

Filing 34

ORDER granting 29 Motion for Settlement; ORDER DISMISSING CASE. For the reasons set forth in the attached Order, the Settlement Agreement is approved and this case is hereby closed. Ordered by Magistrate Judge Steven I. Locke on 3/28/2017. (Cea, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JULIO COLON,
-against-

Plaintiff,

ORDER
15-CV-2157 (SIL)

SAM TELL AND SON, INC., MARC TELL,
and DANIEL SALTZMAN,
Defendants.
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LOCKE, Magistrate Judge:
On September 30, 2016, in this wage and hour action brought pursuant to the
Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. § 201 et seq. and the New York
Labor Law (“NYLL”), N.Y. Lab. Law § 190 et seq., Plaintiff Julio Colon and
Defendants Sam Tell and Son, Inc., Marc Tell, and Daniel Saltzman jointly submitted
a motion seeking approval of a Settlement and General Release Agreement (the
“Settlement Agreement”). 1 See Docket Entry (“DE”) [29].

Having reviewed the

parties’ joint submission in support thereof, as well as the Settlement Agreement
itself, the Court finds that the Settlement Agreement’s terms are fair and reasonable.
See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (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). Accordingly, the Settlement Agreement is approved and this case is
hereby closed.

On March 23, 2017, this action was assigned to this Court for all purposes pursuant to 28
U.S.C. § 636(c). See DE [32].
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Dated:

Central Islip, New York
March 28, 2017

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

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