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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JIAN GUO SONG,
-against-

Plaintiff,

ORDER
15-CV-2977 (SIL)

EAST BABYLON CHINESE
RESTAURANT INC. et al,
Defendants.
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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].
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Dated:

Central Islip, New York
March 13, 2017

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

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