Hassan v. Farah Foods, Inc. et al

Filing 32

ORDER APPROVING SETTLEMENT: The Court assisted in mediating the settlement of this action and has carefully reviewed the Settlement Agreement as well as the parties' letter. The Court has taken into account, without limitation, prior proceedin gs in this action; the attendant risks, burdens, and costs associated with continuing the action; the range of possible recovery; whether the Settlement Agreement is the product of arm's length bargaining between experienced counsel or partie s; the amount of attorney's fees; and the possibility of fraud or collusion. Among other attributes of the Settlement Agreement, the amount agreed upon suitably reflects the strengths and weaknesses of the case and the risks of litigation; th e attorneys' fees are within a fair, reasonable, and acceptable range; there are no confidentiality provisions; and there is a mutual non-disparagement clause withappropriate exceptions for truthful statements. Considering all the circumstance s, the Court finds that the Settlement Agreement is fair and reasonable and hereby approved. The Clerk of Court is respectfully requested to terminate all motions and deadlines and close this case. SO ORDERED. Copies transmitted to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 5/19/2023) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ALY HASSAN AND AYMAN ELKALLAF,
:
:
Plaintiffs,
:
:
- against :
:
FARAH FOODS, INC., ET AL,
:
:
Defendants.
:
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22-CV-9182 (RWL)
ORDER
APPROVING SETTLEMENT

ROBERT W. LEHRBURGER, United States Magistrate Judge.
This case is an action for damages under the Fair Labor Standards Act, 29 U.S.C.
§ 201 et seq. (“FLSA”) and the New York Labor Law. Before the Court is the parties’ joint
letter request that the Court approve their settlement agreement, a fully executed copy of
which was submitted on May 19, 2023. A federal court is obligated to determine whether
settlement of an FLSA case under the court’s consideration is fair and reasonable and
the subject of an arm’s length negotiation, not an employer’s overreaching. See Cheeks
v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015).
The Court assisted in mediating the settlement of this action and has carefully
reviewed the Settlement Agreement as well as the parties’ letter. The Court has taken
into account, without limitation, prior proceedings in this action; the attendant risks,
burdens, and costs associated with continuing the action; the range of possible recovery;
whether the Settlement Agreement is the product of arm’s length bargaining between
experienced counsel or parties; the amount of attorney’s fees; and the possibility of fraud
or collusion. Among other attributes of the Settlement Agreement, the amount agreed
upon suitably reflects the strengths and weaknesses of the case and the risks of litigation;

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the attorneys’ fees are within a fair, reasonable, and acceptable range; there are no
confidentiality provisions; and

there is a mutual non-disparagement clause with

appropriate exceptions for truthful statements. Considering all the circumstances, the
Court finds that the Settlement Agreement is fair and reasonable and hereby approved.
The Clerk of Court is respectfully requested to terminate all motions and deadlines
and close this case.
SO ORDERED.

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated:

May 19, 2023
New York, New York

Copies transmitted to all counsel of record.

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