Bonilla v. Danes Parking Corp. et al

Filing 39

ORDER APPROVING SETTLEMENT AND DISMISSING CASE: The Court has carefully reviewed the Settlement Agreement as well as the parties' letter. The Court has taken into account, without limitation, prior proceedings in this action; the attendant r isks, burdens, and costs associated with continuing the action; the range of possible recovery; whether the Settlement Agreement is the product of arm's length bargaining between experienced counsel or parties; the amount of attorney's f ees; and the possibility of fraud or collusion. Among other attributes of the Settlement Agreement, there are no confidentiality restrictions; the release is narrowly tailored to wage and hour claims; and the attorneys' fees are within a fair, reasonable, and acceptable range. Considering all the circumstances, the Court finds that the Settlement Agreement is fair and reasonable and hereby approved. This case, having resolved by settlement, is hereby dismissed and discontinued in its en tirety, with prejudice, without costs or fees to any party, except as provided for in the parties' settlement agreement. The Clerk of Court is respectfully requested to terminate all motions and deadlines, and close this case. SO ORDERED. Copies transmitted to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 5/10/2022) (mml)

Case 1:20-cv-10184-RWL Document 39 Filed 05/10/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
RAFAEL PENA BONILLA,
:
:
Plaintiff,
:
:
- against :
:
DANES PARKING CORP., et al.
:
:
Defendants.
:
---------------------------------------------------------------X

5/10/2022
20-CV-10184 (RWL)
ORDER
APPROVING SETTLEMENT
AND DISMISSING CASE

ROBERT W. LEHRBURGER, United States Magistrate Judge.
This case is an action for damages under the Fair Labor Standards Act, 29 U.S.C.
§ 201 et seq. (“FLSA”) and the New York Labor Law. Before the Court is the parties’ joint
letter request that the Court approve their settlement agreement, a fully executed copy of
which was submitted on February 25, 2022. (Dkt. 37-1.) A federal court is obligated to
determine whether settlement of an FLSA case under the court’s consideration is fair and
reasonable and the subject of an arm’s length negotiation, not an employer’s
overreaching. See Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015).
The Court has carefully reviewed the Settlement Agreement as well as the parties’
letter. The Court has taken into account, without limitation, prior proceedings in this
action; the attendant risks, burdens, and costs associated with continuing the action; the
range of possible recovery; whether the Settlement Agreement is the product of arm’s
length bargaining between experienced counsel or parties; the amount of attorney’s fees;
and the possibility of fraud or collusion.

Among other attributes of the Settlement

Agreement, there are no confidentiality restrictions; the release is narrowly tailored to
wage and hour claims; and the attorneys’ fees are within a fair, reasonable, and

Case 1:20-cv-10184-RWL Document 39 Filed 05/10/22 Page 2 of 2

acceptable range. Considering all the circumstances, the Court finds that the Settlement
Agreement is fair and reasonable and hereby approved.
This case, having resolved by settlement, is hereby dismissed and discontinued in
its entirety, with prejudice, without costs or fees to any party, except as provided for in the
parties’ settlement agreement. The Clerk of Court is respectfully requested to terminate
all motions and deadlines, and close this case.
SO ORDERED.

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: May 10, 2022
New York, New York
Copies transmitted to all counsel of record.