Joaquin et al v. New York Athletic Club

Filing 85

ORDER OF DISCONTINUANCE: Accordingly, this action is dismissed with prejudice and without costs except as may be stated in the settlement agreement. The Court will retain jurisdiction to enforce the settlement agreement. Any pending motions are moot. The Clerk is requested to close the case. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/24/2024) (sgz)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------X FRANKLIN JOAQUIN et al., : : Plaintiffs, ORDER OF DISCONTINUANCE 23 Civ. 1235 (GWG) : -v.: : NEW YORK ATHLETIC CLUB, : Defendant. : ---------------------------------------------------------------X GABRIEL W. GORENSTEIN, United States Magistrate Judge This case contains claims under the Fair Labor Standards Act. On July 19, 2024, an order was issued on the parties’ consent agreeing to disposition of this matter by the undersigned pursuant to 28 U.S.C. § 636(c). In a filing dated September 23, 2024, (Docket # 82), the parties have submitted their proposed settlement agreement. Having reviewed the proposed settlement pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the Court finds that it is fair and reasonable. The settlement is approved. Accordingly, this action is dismissed with prejudice and without costs except as may be stated in the settlement agreement. The Court will retain jurisdiction to enforce the settlement agreement. Any pending motions are moot. The Clerk is requested to close the case. SO ORDERED. Dated: September 24, 2024 New York, New York

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