Chen et al v. Zaza Japan Inc. et al

Filing 35

ORDER DISMISSING CASE: Having reviewed the Settlement Agreement and Release, the Court finds that it is fair and reasonable. Therefore, the parties' Settlement Agreement and Release is approved and the case is hereby closed. Ordered by Magistrate Judge Steven I. Locke on 1/4/2017. (Cea, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------------------x
XU CHEN, JIA JUN XU, JIAN FENG LIU,
-against-

Plaintiffs,

ORDER
15-CV-3073 (SIL)

ZAZA JAPAN INC., doing business as Zaza Japan
Asian Bistro & Hibachi, DAVID ZHU, ZHONG
YONG LIN, and JOHN DOES AND JANE DOES #
1-10,
Defendants.
--------------------------------------------------------------------------x
LOCKE, Magistrate Judge:
On June 29, 2016, the parties submitted a joint motion seeking approval of a
Settlement Agreement in this Fair Labor Standards Act action. See Docket Entry
(“DE”) [27]. At an August 16, 2016 hearing, the Court denied the motion without
prejudice because the Settlement Agreement contained impermissible release and
non-disparagement provisions. See DE [29]. Thereafter, on August 31, 2016, the
parties submitted a revised Settlement Agreement and requested Court approval.
DE [30]. The Court again denied without prejudice the parties’ request for approval
of the revised Settlement Agreement due to an improper non-disparagement clause.
DE [31].

On November 9, 2016, the parties filed a second revised Settlement

Agreement signed by all parties. DE [33]. Having reviewed the second 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 second revised Settlement Agreement is approved and
the case is hereby closed.

Dated:

Central Islip, New York
January 4, 2017

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

2