Rojas Martinez et al v. East Side Pizza Corp. et al

Filing 55

ORDER: It has been reported to the Court that this Fair Labor Standards Act ("FLSA") case has been settled in principle. No later than June 3, 2022, the parties shall take one of the following two actions: Consent to conducting all further proceedings before Magistrate Judge Parker. And as set forth herein. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/06/2022) (ama)

Case 1:21-cv-05335-RA Document 55 Filed 05/06/22 Page 1 of 2
USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 05/06/2022

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ALEJANDRO ROJAS MARTINEZ,
ASUNCION ALBINO CASTILLO,
BRAULIO MORENO FLORES, ANTONIO
QUIRINO RUIZ, and OBED DOMNIGUEZ
GARCIA, each individually and on behalf of
all others similarly situated,
Plaintiffs,

No. 21-CV-5335 (RA)

v.

ORDER

EAST SIDE PIZZA CORP. d/b/a LA MIA
PIZZA, PERFECTO PIZZERIA CORP. d/b/a
LUNETTA PIZZA, MIDTOWN PIZZA
CORP. d/b/a LA VERA PIZZA, 52 ST
PIZZA CORP. d/b/a LITTLE ROMA,
RICHARD ATTIA, HESHAM M. ATTIA,
ABDELLATIF MAHMOUD, and KHAIR
MUHANA,
Defendants.
RONNIE ABRAMS, United States District Judge:

It has been reported to the Court that this Fair Labor Standards Act (“FLSA”) case has been
settled in principle. No later than June 3, 2022, the parties shall take one of the following two
actions:
1. Consent to conducting all further proceedings before Magistrate Judge Parker by
completing

the

attached

consent

form,

which

is

also

available

at

http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civilaction-magistrate-judge.

As the form indicates, no adverse substantive

consequences will arise if the parties choose not to proceed before Judge Parker.

Case 1:21-cv-05335-RA Document 55 Filed 05/06/22 Page 2 of 2

2. Submit a joint letter setting forth their views as to why their settlement is fair and
reasonable and should be approved, accompanied by all necessary supporting
materials, including contemporaneous billing records for the attorney’s fees and
costs provided for in the settlement agreement. In light of the presumption of public
access attaching to “judicial documents,” see Lugosch v. Pyramid Co. of Onondaga,
435 F.3d 110, 119 (2d Cir. 2006), the parties are advised that materials on which
the Court relies in making its fairness determination will be placed on the public
docket, see Wolinsky v. Scholastic Inc., No. 11-CV-5917 (JMF), 2012 WL
2700381, at *3–7 (S.D.N.Y. July 5, 2012).
The parties are advised, however, that the Court will not approve of settlement
agreements in which:
(a) Plaintiffs “waive practically any possible claim against the defendants,
including unknown claims and claims that have no relationship whatsoever to
wage-and-hour issues,” Gurung v. White Way Threading LLC, 226 F. Supp. 3d
226, 228 (S.D.N.Y. 2016) (internal quotation marks omitted); and
(b) Plaintiffs are “bar[red] from making any negative statement about the
defendants,” unless the settlement agreement “include[s] a carve-out for
truthful statements about [P]laintiffs’ experience litigating their case,” LazaroGarcia v. Sengupta Food Servs., No. 15 Civ. 4259 (RA), 2015 WL 9162701, at
*3 (S.D.N.Y. Dec. 15, 2015) (internal quotation marks omitted).
SO ORDERED.
Dated:

May 6, 2022

_________________________
Ronnie Abrams
United States District Judge

New York, New York
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