Hoxhaj et al v. Michael Cetta, Inc. et al

Filing 63

ORDER... It is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within forty-five (45) days of this Order. Any application to reopen filed after forty-five (45) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all conferences and deadlines are CANCELLED. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/13/23) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
MUSA HOXHAJ, ABDOU EL SHABEINY, AND
:
RICARDO CORDERO,
:
:
Plaintiffs,
:
:
-v:
:
MICHAEL CETTA, INC., MICHAEL CETTA, AND
:
STEVEN CETTA,
:
:
Defendants.
:
:
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11/13/2023

21-cv-6486 (LJL)
ORDER

LEWIS J. LIMAN, United States District Judge:
A hearing on the settlement was held on November 13, 2023 and memorialized by
transcript. For the reasons stated at that hearing, the Court finds that the settlement is fair and
reasonable and approves Plaintiff’s counsel’s request for attorneys’ fees and costs. See Cheeks v.
Freeport Pancake House, Inc., 796 F.3d 199, 206–07 (2d Cir. 2015); see also Fisher v. SD
Protection Inc., 948 F.3d 593, 600 (2d Cir. 2020). Because the settlement resolves other than
wage-and-hour claims and because it can be characterized as a “walk away” agreement, the
mutual releases and non-disparagement provision are acceptable. See Strauss v. Little Fish
Corp., 2020 WL 4041511, at *5 (S.D.N.Y. July 17, 2020) (discussing the requirements for
adequately justifying non-economic terms in a settlement agreement, including a general release
of claims provision and non-disparagement provision).
Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and
without prejudice to restoring the action to the Court’s calendar, provided the application to
restore the action is made within forty-five (45) days of this Order. Any application to reopen

filed after forty-five (45) days from the date of this Order may be denied solely on that basis.
Any pending motions are DISMISSED as moot, and all conferences and deadlines are
CANCELLED.

SO ORDERED.
Dated: November 13, 2023
New York, New York

__________________________________
LEWIS J. LIMAN
United States District Judge

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