Alberto Nicolas et al v. 701 Deli Inc. et al

Filing 79

OPINION AND ORDER: Accordingly, the Court finds that the revised Agreement complies with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and approves the revised Agreement. The Court hereby dismisses the case with prejudice. The Clerk of Court is respectfully directed to close the case. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 11/12/2019) (kv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MANUEL ALBERTO NICOLAS, individually and
on behalfofothers similarly situated,
Plaintiff,
-against701 DELI INC. (d/b/a 701 DELI), FOUAD
HIZAM MUSAID, ABDULLAH MUSAID, and
MAKI DOE,
Defendants.

OPINION AND ORDER
16 Civ. 7699 (ER)

Ramos, D.J.:
On March 15, 2019, the parties submitted an application to the Court to approve their
Agreement settling unpaid overtime wage claims brought under the Fair Labor Standards Act
and to dismiss the case with prejudice. Doc. 70. On October 17, 2019, the Court concluded that
the settlement amount was fair and reasonable and that the attorneys' fees provided were
appropriate and supported by counsel's billing records. Doc. 72. The Court, however, declined
to approve the Agreement based on an unduly broad release provision. Id.
In response to the Court's order, the parties submitted a revision to the agreement on
November 12, limiting the release provision to the claims at issue in this litigation. Doc. 78.
Accordingly, the Court finds that the revised Agreement complies with Cheeks v. Freeport

Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and approves the revised Agreement. The

Court hereby dismisses the case with prejudice. The Clerk of Court is respectfully directed to
close the case.
It is SO ORDERED.
Dated:

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November 12, 2019
New York, New York

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U.S.D.J.