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)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------X JULIO COLON, -against- Plaintiff, ORDER 15-CV-2157 (SIL) SAM TELL AND SON, INC., MARC TELL, and DANIEL SALTZMAN, Defendants. ----------------------------------------------------------------X 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]. 1 Dated: Central Islip, New York March 28, 2017 SO ORDERED. s/ Steven I. Locke STEVEN I. LOCKE United States Magistrate Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?