Nunez et al v. Cross Bronx and Across New York Live Poultry Inc. et al

Filing 53

ORDER: It is hereby ORDERED that the settlement agreement, as amended, 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. Cheeks v. Freeport Pan cake 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, 33536 (S.D.N.Y. 2012). It is further ORDERED that Plaintiffs' counsel's request for $15,536.00 is GRANTED. The remainder of the settlement shall be distributed to Plaintiff. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/13/2020) (cf)

Case 1:19-cv-09293-LGS Document 53 Filed 10/13/20 Page 1 of 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
EURIPEDES FRIAS NUNEZ,
:
Plaintiff,
:
:
-against:
:
NEW YORK LIVE POULTRY, INC., LLC, ET AL, :
:
Defendants.
:
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19 Civ. 9293 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, the parties filed their joint letter and proposed settlement agreement, in this action
arising under the Fair Labor Standards Act (“FLSA”) (Dkt. No. 48), and the parties filed additional
supporting documentation substantiating the requested expenses and costs (Dkt. No. 50);
WHEREAS, the parties’ settlement agreement was not approved, and the parties were provided
an opportunity to amend the settlement agreement (Dkt. No. 51);
WHEREAS, the parties filed an executed amendment to the settlement agreement (Dkt. No.
52). It is hereby
ORDERED that the settlement agreement, as amended, 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. 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). It
is further
ORDERED that Plaintiffs’ counsel’s request for $15,536.00 is GRANTED. The remainder of
the settlement shall be distributed to Plaintiff.

Dated: October 13, 2020
New York, New York