Vilca v. BTB Events & Celebrations, Inc. et al

Filing 70

ORDER: Accordingly, IT IS HEREBY ORDERED that the parties, including Plaintiff personally, shall appear via teleconference for a fairness hearing on February 15, 2022, at 11:30 AM. If Plaintiff does not speak English, Plaintiff must provide his own interpreter. The hearing can be accessed by dialing the Court's teleconference line at [phone]. Enter the access code 5195844 when prompted. All other filing deadlines and appearance dates are adjourned sine die. ( Telephone Conference set for 2/15/2022 at 11:30 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 1/11/2022) (ate)

Case 1:19-cv-06577-MKV Document 70 Filed 01/11/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 1/11/2022

NILDO VILCA,
Plaintiff,
-againstBTB EVENTS & CELEBRATIONS, INC.
d/b/a BETWEEN THE BREAD, BTB
HOSPITALITY CORP., BETWEEN THE
BREAD 55TH INC., RICKY EISEN and
SEAN MARTIN,

1:19-cv-06577 (MKV)
ORDER

Defendants.
MARY KAY VYSKOCIL, United States District Judge:
On September 10, 2021, the Court was advised that the parties had reached an agreement,
consensually resolving the case. [ECF No. 61]. On September 26, 2021, the Court entered an
order directing the parties to submit an executed settlement agreement with a Cheeks application
for approval. [ECF No. 62]. The parties submitted these materials on December 29, 2021. [ECF
No. 69].
Because Plaintiff’s Complaint asserts claims under the Fair Labor Standards Act (“FLSA”),
29 U.S.C. § 201 et seq., judicial approval is required before settlement. See Cheeks v. Freeport
Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015) (holding that FLSA settlements require the
approval of either the district court or the United States Department of Labor). “In deciding
whether to approve a stipulated settlement, the Court must scrutinize the settlement for fairness.”
Boucaud v. City of New York, No 07-cv-11098 (RJS), 2010 WL 4813784, at *1 (S.D.N.Y. Nov. 16,
2010).
Accordingly, IT IS HEREBY ORDERED that the parties, including Plaintiff personally,
shall appear via teleconference for a fairness hearing on February 15, 2022, at 11:30 AM. If

Case 1:19-cv-06577-MKV Document 70 Filed 01/11/22 Page 2 of 2

Plaintiff does not speak English, Plaintiff must provide his own interpreter. The hearing can be
accessed by dialing the Court’s teleconference line at [phone]. Enter the access code
5195844 when prompted. All other filing deadlines and appearance dates are adjourned sine die.

SO ORDERED.
Date: January 11, 2022
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge