Villalva v. Spaha Pizza LLC et al

Filing 16

ORDER OF DISMISSAL: It is hereby ORDERED that: 1. The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate, both to redress Plaintiff's claims in this action and to compensate Plaintiff's counsel for their legal fees, and the agreement is therefore approved. 2. In accordance with the parties' request, this Court will retain jurisdiction over this matter for the purpose of enforcing the settlement a greement, if necessary. 3. As a result of the Court's approval of the parties' proposed settlement, this action is hereby discontinued with prejudice and without costs, provided, however, that, within 30 days of the date of thi s Order, if any aspect of written documentation of the settlement is not completed, then Plaintiff may apply by letter for the restoration of the action to the active calendar of the Court. 4. The Clerk of Court is directed to close this case on the Docket of the Court. (Signed by Magistrate Judge Katharine H. Parker on 10/13/2020) (mro)

Case 1:20-cv-04491-KHP Document 16 Filed 10/13/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
10/13/2020

BERNARDO VILLALVA,
Plaintiff,
-against-

1:20-cv-04491 (KHP)
ORDER OF DISMISSAL

SPAHA PIZZA LLC et al,
Defendants.
KATHARINE H. PARKER, United States Magistrate Judge:
In this action under the Fair Labor Standards Act and the New York Labor Law, which is
before this Court on the consent of the parties pursuant to 28 U.S.C. § 636(c), the parties, having
reached an agreement in principle to resolve the action, have placed their proposed settlement
agreement before this Court for approval. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d
1999 (2d Cir. 2015) (requiring judicial fairness review of FLSA settlements). The parties have
also submitted a letter detailing why they believe the proposed settlement agreement is fair,
reasonable, and adequate. (Dkt. 15.) This Court has reviewed the parties’ submissions in order
to determine whether the proposed agreement represents a reasonable compromise of the claims
asserted in this action, and, in light of the totality of the relevant circumstances, including the
representations made in the parties’ letter, the terms of the proposed settlement agreement, and in
light that the settlement was reached through arms-length mediation through this Court’s
mediation program, it is hereby ORDERED that:
1.

The Court finds that the terms of the proposed settlement agreement are fair,

reasonable, and adequate, both to redress Plaintiff’s claims in this action and to compensate
Plaintiff’s counsel for their legal fees, and the agreement is therefore approved.

Case 1:20-cv-04491-KHP Document 16 Filed 10/13/20 Page 2 of 2

2.

In accordance with the parties’ request, this Court will retain jurisdiction over this

matter for the purpose of enforcing the settlement agreement, if necessary.
3.

As a result of the Court’s approval of the parties’ proposed settlement, this action

is hereby discontinued with prejudice and without costs, provided, however, that, within 30 days
of the date of this Order, if any aspect of written documentation of the settlement is not
completed, then Plaintiff may apply by letter for the restoration of the action to the active
calendar of the Court.
4.

The Clerk of Court is directed to close this case on the Docket of the Court.

Dated: New York, New York
October 13, 2020
SO ORDERED.

________________________________
KATHARINE H. PARKER
United States Magistrate Judge
Copies to:
All counsel (via ECF)

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