Rivera-Colon v. Eliseo et al

Filing 38

SETTLEMENT APPROVAL: Having carefully reviewed the joint letter-motion in support of settlement, the Settlement Agreement and accompanying exhibits, and having participated in a lengthy conference that led to the settlement, the Court finds that all of the terms of the proposed settlement, including the allocation of attorneys' fees and costs, appear to be fair and reasonable under the totality of the circumstances and in light of the factors enumerated in Wolinsky v. Scholastic In c., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012). Accordingly, the Court approves the settlement. This action is dismissed with prejudice and without costs except as may be stated in the settlement agreement. The Court will retain jurisdiction to enf orce the settlement agreement. Any pending motions are moot. The Clerk of Court is respectfully requested to close ECF No. 35 mark it as "granted," and close this case. So Ordered (Signed by Magistrate Judge Sarah L Cave on 9/8/2021) (js)

Case 1:21-cv-01667-SLC Document 38 Filed 09/08/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
HECTOR RIVERA-COLON,
Plaintiff,
-v-

CIVIL ACTION NO.: 21 Civ. 1667 (SLC)
SETTLEMENT APPROVAL

ROBERT ELISEO, et al.,
Defendants.
SARAH L. CAVE, United States Magistrate Judge.

The parties in this wage-and-hour case under the Fair Labor Standards Act (“FLSA”) have
consented to my jurisdiction under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73 for purposes of
reviewing their proposed settlement (ECF No. 31) and have now submitted a Letter-Motion in
support of settlement (ECF No. 37), proposed Settlement Agreement (ECF No. 37-1), and exhibits
(ECF Nos. 37-1 – 37-2), for approval under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199
(2d Cir. 2015). Courts generally recognize a “strong presumption in favor of finding a settlement
fair” in FLSA cases like this one, as courts are not in as good a position as the parties to determine
the reasonableness of a FLSA settlement. Souza v. 65 St. Marks Bistro, No. 15 Civ. 327 (JLC), 2015
WL 7271747, at *4 (S.D.N.Y. Nov. 6, 2015) (citation omitted).
Having carefully reviewed the joint letter-motion in support of settlement, the Settlement
Agreement and accompanying exhibits, and having participated in a lengthy conference that led
to the settlement, the Court finds that all of the terms of the proposed settlement, including the
allocation of attorneys’ fees and costs, appear to be fair and reasonable under the totality of the

Case 1:21-cv-01667-SLC Document 38 Filed 09/08/21 Page 2 of 2

circumstances and in light of the factors enumerated in Wolinsky v. Scholastic Inc., 900 F. Supp.
2d 332, 335 (S.D.N.Y. 2012). Accordingly, the Court approves the settlement.
This action is dismissed with prejudice and without costs except as may be stated in the
settlement agreement. The Court will retain jurisdiction to enforce the settlement agreement.
Any pending motions are moot. The Clerk of Court is respectfully requested to close ECF No. 35
mark it as “granted,” and close this case.
Dated:

New York, New York
September 8, 2021
SO ORDERED.

_________________________
SARAH L. CAVE
United States Magistrate Judge

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