Alfonso et al v. 384 3rd Ave Rest LLC et al

Filing 35

SETTLEMENT APPROVAL ORDER... 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 mark ECF No. 33 as granted, and to close this case. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/2/22) (yv)

Case 1:21-cv-05316-SLC Document 35 Filed 08/02/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JHONATAN MARTINEZ ALFONSO,
Plaintiff,
-v-

CIVIL ACTION NO.: 21 Civ. 5316 (SLC)

384 3RD AVE REST LLC and KEVIN DOHERTY,

SETTLEMENT APPROVAL ORDER

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 submitted a joint letter in support of
settlement (ECF No. 28) and proposed settlement agreement (ECF No. 28-1) for approval under
Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). After the Court pointed out
several defects in their submission, the parties filed a supplemental letter and an executed copy
of the Proposed Settlement Agreement, which the Court has now reviewed. (ECF Nos. 32; 33).
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 an 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, 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

Case 1:21-cv-05316-SLC Document 35 Filed 08/02/22 Page 2 of 2

under the totality of the circumstances and in light of the factors enumerated in Wolinsky v.
Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012). In addition, the parties’ supplemental
letter resolves the questions raised by the Court. (Compare ECF No. 32 with ECF No. 33).
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 mark ECF No. 33
as “granted,” and to close this case.
Dated:

New York, New York
August 2, 2022
SO ORDERED.

_________________________
SARAH L. CAVE
United States Magistrate Judge

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