Taveras et al v. P.J. Clarke's At Lincoln Center, LLC et al

Filing 25

ORDER: Accordingly, the settlement is approved, and the Court ORDERS that the case be dismissed with prejudice. The Clerk of Court is respectfully requested to terminate all pending motions, adjourn any remaining dates, and close this case. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/19/2022) (tg)

Case 1:20-cv-09693-MKV Document 25 Filed 09/19/22 Page 1 of 2
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 9/19/2022
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DANIEL TAVERAS,
Plaintiff,
-againstP.J. CLARKE’S AT LINCOLN CENTER, LLC (d/b/a P.J.
CLARKE’S), PHILIP SCOTTI, ODALA DOE, AND PEPE
DOE,

1:20-cv-9693-MKV
ORDER

Defendants.
MARY KAY VYSKOCIL, United States District Judge:
The Parties have informed the Court that this case has been settled in principle [ECF No.
24] (the “Settlement Letter”) and have filed copies of the proposed settlement agreement and
documentation supporting the fairness of the settlement. [ECF No. 24-1, ECF No. 24-2]. The
Court has reviewed these documents for fairness in accordance with the Fair Labor Standards
Act and Second Circuit law. See, e.g., Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir.
2015). Considering the totality of the circumstances, the Court finds that the settlement is fair
and reasonable and is the product of arm’s length negotiations by parties represented by
experienced counsel. The settlement agreement is the product of private arbitration. See
Settlement Letter at 1, ECF No. 13. The settlement amount is reasonable, in part, because,
before attorney’s fees, the settlement compensates Plaintiff for more than the amount of his claim
for unpaid overtime compensation, based on the allegations in the complaint. See Settlement
Letter at 2. It should be noted, however, that the Court is not in this endorsement opining
specifically on the reasonableness of the rates charged by the attorney representing Plaintiff.

Case 1:20-cv-09693-MKV Document 25 Filed 09/19/22 Page 2 of 2

Accordingly, the settlement is approved, and the Court ORDERS that the case be
dismissed with prejudice. The Clerk of Court is respectfully requested to terminate all pending
motions, adjourn any remaining dates, and close this case.
SO ORDERED.
Date: September 19, 2022
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge