Martinez v. Robert Francis Painting, Inc. et al

Filing 17

ORDER granting 16 Motion for Settlement; ORDER DISMISSING CASE. For the reasons set forth in the attached Order, the parties Settlement Agreement is approved and the 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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JOSE RIVERA MARTINEZ, individually and
on behalf of all others similarly situated,
-against-

Plaintiff,

ORDER
16-CV-3845 (SIL)

ROBERT FRANCIS PAINTING, INC. and
ROBERT KANE, an individual,
Defendants.
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LOCKE, Magistrate Judge:
On March 16, 2017, 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 Jose Rivera Martinez and
Defendants Robert Francis Painting, Inc. and Robert Kane jointly submitted a motion
seeking approval of a Settlement and Release Agreement (the “Settlement
Agreement”). 1 See Docket Entry (“DE”) [16]. 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.

This action has been assigned to this Court for all purposes pursuant to 28 U.S.C. § 636(c).
See DE [15].
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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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