Alfano et al v. Zocdoc, Inc.,

Filing 90

MEMORANDUM ORDER: granting 86 Motion for Settlement. The Court has carefully considered the parties' joint submission, which includes an unopposed Motion for Settlement Approval of Plaintiffs' FLSA Settlement, Attorneys' Fees, and D ismissal with Prejudice of All Claims, and the Declaration of Marijana Matura in Support of Plaintiffs' Unopposed Motion for Approval of the FLSA Settlement, which includes the parties' settlement agreement and a stipulation and proposed or der of dismissal with prejudice. (See Docket Entry Nos. 86 and 87.) In light of the factors articulated above, as well as the Court's review of the agreement and the parties' representations as set forth in their motion andcorresponding dec laration, the Court finds that the proposed settlement agreement, including the attorneys' fees and expense award component, is fair and reasonable and that it satisfies the requirements of Cheeks. Docket Entry No. 86 is resolved. And as set forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/01/2019) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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MARGARET ALFANO, on behalf of herself and
all others similarly situated, and SHAAN
KASTUAR, individually,
Plaintiffs,
-v-

No. 18-CV-2558-LTS-OTW

ZOCDOC, INC.,
Defendant.
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MEMORANDUM ORDER
The Court has received and reviewed the parties’ joint request for approval of the
proposed settlement agreement in this Fair Labor Standards Act (“FLSA”) case. (See Docket
Entry No. 86.) “[B]efore a district court enters judgment [on an FLSA settlement agreement], it
must scrutinize the settlement agreement to determine that the settlement is fair and reasonable.”
Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012). “The ultimate question is
whether the proposed settlement reflects a fair and reasonable compromise of disputed issues
rather than a mere waiver of statutory rights brought about by an employer’s overreaching.” Id.
(internal quotation marks and citation omitted). In determining whether a settlement is fair and
reasonable, a court considers the totality of the circumstances, encompassing a range of factors
including: “(1) the plaintiff’s range of possible recovery; (2) the extent to which the settlement
will enable the parties to avoid anticipated burdens and expenses in establishing their respective
claims and defenses; (3) the seriousness of the litigation risks faced by the parties; (4) whether the
settlement agreement is the product of arm’s-length bargaining between experienced counsel; and
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(5) the possibility of fraud or collusion.” Id. (internal quotation marks and citation omitted).
“Generally, there is a strong presumption in favor of finding a settlement fair, as the Court is
generally not in as good a position as the parties to determine the reasonableness of an FLSA
settlement.” Lliguichuzhca v. Cinema 60, LLC, 948 F. Supp. 2d 362, 365 (S.D.N.Y. 2013)
(internal quotation marks and citation omitted). Moreover, following the Second Circuit’s
decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015), parties
may not privately settle FLSA claims without approval of either the district court or the
Department of Labor. In dicta in Cheeks, the Second Circuit expressed hesitation with respect to
the validity of settlement agreements containing confidentiality provisions, general releases or
excessive attorneys’ fees. See generally id.
The Court has carefully considered the parties’ joint submission, which includes an
unopposed Motion for Settlement Approval of Plaintiffs’ FLSA Settlement, Attorneys’ Fees, and
Dismissal with Prejudice of All Claims, and the Declaration of Marijana Matura in Support of
Plaintiffs’ Unopposed Motion for Approval of the FLSA Settlement, which includes the parties’
settlement agreement and a stipulation and proposed order of dismissal with prejudice. (See
Docket Entry Nos. 86 and 87.) In light of the factors articulated above, as well as the Court’s
review of the agreement and the parties’ representations as set forth in their motion and
corresponding declaration, the Court finds that the proposed settlement agreement, including the

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attorneys’ fees and expense award component, is fair and reasonable and that it satisfies the
requirements of Cheeks.
Docket Entry No. 86 is resolved.

SO ORDERED.
Dated: New York, New York
October 1, 2019
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
United States District Judge

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