Wisniewski et al v. Johnson Controls, Inc.

Filing 77

ORDER APPROVING SETTLEMENT AND DISMISSING CASE: Among other attributes of the Settlement Agreement, there are no confidentiality restrictions; no non-disparagement provisions; and the attorneys' fees are within a fair, reasonable, and accepta ble range. The release, after the parties agreed to a change at the Court's direction, is limited to wage and hour claims Considering all the circumstances, the Court finds that the Settlement Agreement is fair and reasonable and hereby approved . This case, having resolved by settlement, is hereby dismissed and discontinued in its entirety, with prejudice, without costs or fees to any party, except as provided for in the parties' settlement agreement. 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 3/11/2025) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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FRANK WISNIEWSKI, ET AL.
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Plaintiffs,
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- against :
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JOHNSON CONTROLS, INC,
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Defendant.
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03/11/2025
22-CV-10287 (RWL)
ORDER
APPROVING SETTLEMENT
AND DISMISSING CASE

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 March 11, 2025. (See Dkts. 69, 74, 76.) 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 parties’ reached agreement after full discovery and after working with a private
mediator. The Court 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, there are no confidentiality
restrictions; no non-disparagement provisions; and the attorneys’ fees are within a fair,
reasonable, and acceptable range. The release, after the parties agreed to a change at
the Court’s direction, is limited to wage and hour claims

Considering all the

circumstances, the Court finds that the Settlement Agreement is fair and reasonable and
hereby approved.
This case, having resolved by settlement, is hereby dismissed and discontinued in
its entirety, with prejudice, without costs or fees to any party, except as provided for in the
parties’ settlement agreement. 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: March 11, 2025
New York, New York
Copies transmitted to all counsel of record.