Caltempa Molina v. Buena Vista Tortillas Corp. et al

Filing 21

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 Pla intiff'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 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. (Signed by Magistrate Judge Katharine H. Parker on 1/2/2021) (mro)

Case 1:20-cv-04925-KHP Document 21 Filed 01/02/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
1/2/2021

Maricela Caltempa Molina,
Plaintiff,
-against-

1:20-cv-4925 (KHP)
ORDER OF DISMISSAL

Buena Vista Tortillas Corp. 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 joint letter detailing why they believe the proposed settlement agreement is fair,
reasonable, and adequate. (ECF No. 19.) 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 and the terms of the proposed settlement
agreement, 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 agreement, if necessary.

Case 1:20-cv-04925-KHP Document 21 Filed 01/02/21 Page 2 of 2

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
January 2, 2021
SO ORDERED

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

2