Rodriguez Garcia et al v. BKUK 3 Corp. et al
Filing
52
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 10/30/2019) (kv)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SANTOS RODRIGUEZ GARCIA, individually
and on behalf of others similarly situated,
Plaintiff,
– against –
OPINION AND ORDER
BKUK 3 CORP. (d/b/a LA CARBONARA
RESTAURANT), BKUK 8 CORP. (d/b/a
SERENATA), BKUK 9 CORP. (d/b/a LIMON
JUNGLE), B & R SORRENTO CORP. (D/B/A
INTERMEZZO), BESIM KUKAJ, and JOHN
DOE,
Defendants.
17 Civ. 4385 (ER)
Ramos, D.J.:
On March 15, 2018, 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. 45. On October 18, 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. 48. �e 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
October 29, limiting the release provision to the claims at issue in this litigation. Doc. 51.
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. �e
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