Cuevas v. Elio & Sons LLC et al

Filing 23

OPINION AND ORDER: re 22 SETTLEMENT AGREEMENT. ORDERED that the Revised Settlement Agreement is APPROVED as fair and reasonable based on the nature and scope of Plaintiff's claims and the risks and expenses involved in additional litigation. See Cheeks, 796 F.3d at 206; Wolinsky, 900 F. Supp. 2d at 335-36. It is further ORDERED that Plaintiff's counsels' fees request of $6,747.99, including $621.99 in costs, is GRANTED. The remainder of the settlement shall be distributed to Plaintiff. The Clerk of Court is directed to close this case. (Signed by Judge Lorna G. Schofield on 6/23/2017) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
HENRY CUEVAS,
:
Plaintiff,
:
:
-against:
:
ELIO & SONS LLC, et al.,
:
Defendants. :
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6/23/2017

17 Civ. 2490 (LGS)
OPINION AND ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on April 6, 2017, Plaintiff filed his Complaint, which alleges wage-related
claims under FLSA and state law.
WHEREAS, on June 1, 2017, the parties filed the Settlement Agreement and a joint letter
with supporting evidence addressing the findings this Court must make in order to approve the
settlement as fair and reasonable. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199,
206 (2d Cir. 2015), cert. denied, 136 S. Ct. 824 (2016); Wolinsky v. Scholastic Inc., 900 F. Supp.
2d 332, 335–36 (S.D.N.Y. 2012) (outlining factors district courts have used to determine whether
a proposed settlement is fair and reasonable).
WHEREAS, by opinion and order dated June 19, 2017, the Court denied approval of the
Settlement Agreement and ordered that any amendment to the agreement or new agreement shall
strike the “no assist” provision (paragraph 5 of the Settlement Agreement).
WHEREAS, on June 19, 2017, the parties filed the Revised Settlement Agreement, which
strikes the “no assist” provision but otherwise is identical to the Settlement Agreement. It is
hereby
ORDERED that the Revised Settlement Agreement is APPROVED as fair and
reasonable based on the nature and scope of Plaintiff’s claims and the risks and expenses

involved in additional litigation. See Cheeks, 796 F.3d at 206; Wolinsky, 900 F. Supp. 2d at 335–
36. It is further
ORDERED that Plaintiff’s counsels’ fees request of $6,747.99, including $621.99 in
costs, is GRANTED. The remainder of the settlement shall be distributed to Plaintiff. The Clerk
of Court is directed to close this case.
Dated: June 23, 2017
New York, New York

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