Vargas v. Howard et al

Filing 353

ORDER OF DISMISSAL OF CLAIMS OF MARVIN ESQUIVEL: it is hereby ORDERED that:1. The Court finds that the terms of the proposed settlement agreement for Mr. Esquivel are fair, reasonable, and adequate, both to redress his claims in this action and to co mpensate his counsel for their legal fees, and the agreement is therefore approved. 2. The Court notes that the proposed settlement agreement for Mr. Esquivel expressly contemplates that this Court will retain jurisdiction over this action for purpos es of enforcement of the agreement. (See Dkt. 25-1 Paragraph 10.) In light of this, and in order to effectuate the evident intent of the parties, this Court will retain jurisdiction over this matter for the purpose of enforcing the settlement agreeme nt. 3. As a result of the Court's approval of the executed settlement agreement, the claims of opt-in plaintiff Marvin Esquivel are hereby discontinued with prejudice and without costs or fees to any party. In light of the Court's separate Order granting final approval of the class-action settlement of the remaining plaintiffs' claims, the Clerk of Court is directed to close this case on the Docket of the Court. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 10/14/2020) (ama)

Case 1:15-cv-05101-DCF Document 353 Filed 10/14/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JUAN VARGAS, individually, and on behald of all
others similarly situated,
Plaintiffs,
-againstCHARLES W. HOWARD and
CALL-A-HEAD CORP.,

15cv05101 (DF)
ORDER OF DISMISSAL
OF CLAIMS OF
MARVIN ESQUIVEL

Defendants.
DEBRA FREEMAN, United States Magistrate Judge:
In this action under the Fair Labor Standards Act (“FLSA”) and the New York Labor
Law (“NYLL”), which is before this Court on the consent of the parties pursuant to 28 U.S.C.
§ 636(c), the parties have negotiated a class-action settlement, which, by separate Order, this
Court has approved as fair, reasonable, and adequate. The parties determined, however, that
FLSA opt-in plaintiff Marvin Esquivel was not a member of the certified class, and that his
duties and circumstances differed from those of other class members. Upon concluding that
Mr. Esquivel’s claims therefore should not be covered by the class settlement, counsel separately
negotiated a settlement agreement resolving Mr. Esquivel’s FLSA and NYLL claims, and the
parties to that agreement have placed it before the Court for approval. See Cheeks v. Freeport
Pancake House, Inc., 796 F.3d 1999 (2d Cir. 2015) (requiring judicial fairness review of FLSA
settlements). The parties have also submitted a letter to the Court, explaining why they believe
the proposed settlement of Mr. Esquivel’s claims is also fair, reasonable, and adequate.
(Dkt. 319.) The Court has reviewed the parties’ submission in order to determine whether the
proposed agreement (Dkt. 319-1) represents a reasonable compromise of Mr. Esquivel’s asserted
claims, and, in light of the totality of the relevant circumstances, including the representations

Case 1:15-cv-05101-DCF Document 353 Filed 10/14/20 Page 2 of 2

made in the parties’ letter, the terms of the proposed settlement agreement, the context in which
it was negotiated, and the Court’s general familiarity with this case, it is hereby ORDERED that:
1.

The Court finds that the terms of the proposed settlement agreement for

Mr. Esquivel are fair, reasonable, and adequate, both to redress his claims in this action and to
compensate his counsel for their legal fees, and the agreement is therefore approved.
2.

The Court notes that the proposed settlement agreement for Mr. Esquivel

expressly contemplates that this Court will retain jurisdiction over this action for purposes of
enforcement of the agreement. (See Dkt. 25-1 ¶ 10.) In light of this, and in order to effectuate
the evident intent of the parties, this Court will retain jurisdiction over this matter for the purpose
of enforcing the settlement agreement.
3.

As a result of the Court’s approval of the executed settlement agreement, the

claims of opt-in plaintiff Marvin Esquivel are hereby discontinued with prejudice and without
costs or fees to any party. In light of the Court’s separate Order granting final approval of the
class-action settlement of the remaining plaintiffs’ claims, the Clerk of Court is directed to close
this case on the Docket of the Court.
Dated: New York, New York
October 14, 2020
SO ORDERED

________________________________
DEBRA FREEMAN
United States Magistrate Judge
Copies to:
All counsel (via ECF)

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