Acosta v. Abed et al

Filing 42

ORDER. IT IS HEREBY ORDERED that the parties are directed to file a joint letter motion along with their settlement agreement no later than February 17, 2023, to request court approval. The letter motion should explain why the proposed settlement i s fair and reasonable and otherwise complies with the Second Circuit's decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The parties should submit their settlement papers to Judge Oetken, unless they agree to con sent to my jurisdiction to review the settlement under 28 U.S.C. § 636(c). Consent forms are available on the Court website. To the extent the parties do consent to my jurisdiction, I direct the parties to my rulings in Martinez v. Avalanche Construction Group Inc., No. 20-CV-11065 (JLC), 2021 WL 5001415 (S.D.N.Y. Oct. 28, 2021) (unreasonable restrictions on use of social media to publicize settlement stricken); Cruz v. Relay Delivery, Inc., 17-CV-7475 (JLC), 2018 WL 4203720 (S.D.N.Y. Sept. 4, 2018) (no reemployment provision impermissible and provision related to communication with media should not be overly restrictive); Rivera v. Relay Delivery, Inc., 17-CV-5012 (JLC), 2018 WL 1989618 (S.D.N.Y. Apr. 26, 2018) (release that w as broader and thus more favorable to defendants than plaintiff's narrower release was impermissible); Howard v. Don Coleman Advertising, Inc., 16-CV-5060 (JLC), 2017 WL 773695 (S.D.N.Y. Feb. 28, 2017) (any mutual non-disparagement provision must include carve-out for truthfulness); and Souza v. 65 St. Marks Bistro, 15-CV-327 (JLC), 2015 WL 7271747 (S.D.N.Y. Nov. 6, 2015) (regarding impermissible confidentiality provisions and the proper scope of mutual general releases), for guidance as to permissible and impermissible terms. For recent settlement papers that the Court has approved, the parties are directed to the following cases, as examples: Rodriguez v. Emenike, No. 18-CV-5786 (Dkt. Nos. 36, 38 (settlement agreement); Dkt . No. 37 (court approval order)); Yahuiti v. L Ray LLC, No. 19-CV-1114 (Dkt. No. 24 (settlement agreement); Dkt. No. 25 (court approval order)); De Luna Hernandez v. City Catering, No. 18-CV-3919 (Dkt. No. 49 (settlement agreement); Dkt. No. 50 (court approval order)); and Sanchez v. New York Kimchi Catering Corp., No. 16-7784 (Dkt. No. 98 (settlement agreement) and Dkt. No. 99 (court approval order). SO ORDERED. (Signed by Magistrate Judge James L. Cott on 1/18/23) (yv)

Case 1:21-cv-10147-JPO-JLC Document 42 Filed 01/18/23 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
:
JOSE ACOSTA,
:
:
Plaintiff,
:
:
:
-v:
:
ABC FIVE WINGS, INC., et ano.,
:
:
Defendants.
:
---------------------------------------------------------------X

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: ______________
1/18/2023

ORDER
21-CV-10147 (JPO) (JLC)

JAMES L. COTT, United States Magistrate Judge.
WHEREAS, the parties agreed to a settlement of this wage-and-hour case on
January 17, 2023;
IT IS HEREBY ORDERED that the parties are directed to file a joint letter
motion along with their settlement agreement no later than February 17, 2023,
to request court approval. The letter motion should explain why the proposed
settlement is fair and reasonable and otherwise complies with the Second Circuit’s
decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015).
The parties should submit their settlement papers to Judge Oetken, unless
they agree to consent to my jurisdiction to review the settlement under 28 U.S.C. §
636(c). Consent forms are available on the Court website.
To the extent the parties do consent to my jurisdiction, I direct the parties to
my rulings in Martinez v. Avalanche Construction Group Inc., No. 20-CV-11065
(JLC), 2021 WL 5001415 (S.D.N.Y. Oct. 28, 2021) (unreasonable restrictions on use
of social media to publicize settlement stricken); Cruz v. Relay Delivery, Inc., 17-CV-

Case 1:21-cv-10147-JPO-JLC Document 42 Filed 01/18/23 Page 2 of 3

7475 (JLC), 2018 WL 4203720 (S.D.N.Y. Sept. 4, 2018) (no reemployment provision
impermissible and provision related to communication with media should not be
overly restrictive); Rivera v. Relay Delivery, Inc., 17-CV-5012 (JLC), 2018 WL
1989618 (S.D.N.Y. Apr. 26, 2018) (release that was broader and thus more favorable
to defendants than plaintiff’s narrower release was impermissible); Howard v. Don
Coleman Advertising, Inc., 16-CV-5060 (JLC), 2017 WL 773695 (S.D.N.Y. Feb. 28,
2017) (any mutual non-disparagement provision must include carve-out for
truthfulness); and Souza v. 65 St. Marks Bistro, 15-CV-327 (JLC), 2015 WL
7271747 (S.D.N.Y. Nov. 6, 2015) (regarding impermissible confidentiality provisions
and the proper scope of mutual general releases), for guidance as to permissible and
impermissible terms.
For recent settlement papers that the Court has approved, the parties are
directed to the following cases, as examples: Rodriguez v. Emenike, No. 18-CV-5786
(Dkt. Nos. 36, 38 (settlement agreement); Dkt. No. 37 (court approval order));
Yahuiti v. L Ray LLC, No. 19-CV-1114 (Dkt. No. 24 (settlement agreement); Dkt.
No. 25 (court approval order)); De Luna Hernandez v. City Catering, No. 18-CV-3919
(Dkt. No. 49 (settlement agreement); Dkt. No. 50 (court approval order)); and

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Case 1:21-cv-10147-JPO-JLC Document 42 Filed 01/18/23 Page 3 of 3

Sanchez v. New York Kimchi Catering Corp., No. 16-7784 (Dkt. No. 98 (settlement
agreement) and Dkt. No. 99 (court approval order).
SO ORDERED.
Dated: January 18, 2023
New York, New York

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