Song v. East Babylon Chinese Restaurant Inc. et al

Filing 42

ORDER granting 40 Motion for Settlement; ORDER DISMISSING CASE. Having reviewed the Settlement Agreement, DE 40 , the Court finds that it is fair and reasonable. Therefore, the parties' joint motion is granted and this case is hereby closed. Ordered by Magistrate Judge Steven I. Locke on 3/13/2017.(Cea, Christine)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------X JIAN GUO SONG, -against- Plaintiff, ORDER 15-CV-2977 (SIL) EAST BABYLON CHINESE RESTAURANT INC. et al, Defendants. -----------------------------------------------------------X LOCKE, Magistrate Judge: On March 9, 2017, Plaintiff Jian Guo Song, jointly with Defendants East Babylon Chinese Restaurant, Inc. d/b/a Eastern Babylon Chinese and Bo Ren, submitted a motion seeking approval of a Settlement Agreement and Release (the “Settlement Agreement”) in this Fair Labor Standards Act (“FLSA”) action. 1 See Docket Entry (“DE”) [40]. The parties also submitted a Stipulation and Order of Dismissal with Prejudice, signed by counsel for all parties. See DE [40-1]. 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). Therefore, the Settlement Agreement is approved and this case is hereby closed. This action has been assigned to this Court for all purposes pursuant to 28 U.S.C. § 636(c). See DE [41]. 1 1 Dated: Central Islip, New York March 13, 2017 SO ORDERED. s/ Steven I. Locke STEVEN I. LOCKE United States Magistrate Judge 2

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