Rosado v. The French Paradox Inc. et al
ORDER: Accordingly, the settlement agreement as amended [ECF No. 36] is approved, and the Court ORDERS that the case be dismissed with prejudice. The Clerk of Court is directed to terminate all pending motions, adjourn any remaining dates, and close this case. SO ORDERED., Motions terminated: 33 MOTION for Settlement . filed by Diana M. Rosado. (Signed by Judge Mary Kay Vyskocil on 4/26/2021) (rj)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DIANA M. ROSADO, individually and on behalf of all other persons
THE FRENCH PARADOX INC., d/b/a OCabanon, ARMEL JOLY,
jointly and severally, and ALEXANDRE MUR, jointly and severally,
MARY KAY VYSKOCIL, United States District Judge:
On April 9, 2021, Plaintiff in this Fair Labor Standards Act (“FLSA”) case filed a fully
executed proposed settlement agreement and motion seeking judicial approval of the settlement.
[ECF Nos. 33–35.] The Court directed the parties to submit a revised settlement agreement to
remove all references to the Court retaining jurisdiction over the agreement. On April 26, 2021,
Plaintiff filed a revised fully executed proposed settlement agreement. [ECF No. 36.]
The Court has reviewed Plaintiff’s submissions for fairness in accordance with the FLSA
and Second Circuit law, see, e.g., Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015),
and has concluded that the terms of the settlement agreement are fair and reasonable. It should be
noted, however, that the Court is not opining specifically on the reasonableness of the rates charged
by Plaintiff’s attorney.
Accordingly, the settlement agreement as amended [ECF No. 36] is approved, and the
Court ORDERS that the case be dismissed with prejudice. The Clerk of Court is directed to
terminate all pending motions, adjourn any remaining dates, and close this case.
Date: April 26, 2021
New York, NY
__ ______ _____
MARY KAY VYSKOCIL
Y KAY VYSKOCIL
United States District Judge
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