Kassel et al v. City of New York et al

Filing 32

ORDER Before me is the parties' joint request that the Court approve their settlement agreement in this case (the Settlement Agreement), a fully executed copy of which was submitted on January 26, 2024 (ECF 31-1). This case is an action for m oney damages under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. ("FLSA"). A federal court must determine whether settlement of an FLSA case before the court is fair and reasonable and the subject of an arms'-len gth negotiation, as opposed to an employer's overreaching. See Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015). I have carefully reviewed the Settlement Agreement, as well as the parties' thorough letter addressing whether the Settlement Agreement is fair and reasonable (ECF 31). I have considered, without limitation, the prior proceedings; the risks, burdens, and costs of continuing the action; the range of possible recoveries; whether the Settlement Agreement is th e product of arms'-length bargaining between experienced counsel or parties; the possibility of fraud or collusion; and the reasonableness of the attorneys' fees to be paid. Considering all these factors, I find that the Settlement Agreement is fair and reasonable. The Settlement Agreement hereby is approved. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/5/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
RONNIE KASSEL, et al.,
23-CV-5211 (RFT)

Plaintiffs,

ORDER

-againstCITY OF NEW YORK, et al.,
Defendants.
ROBYN F. TARNOFSKY, United States Magistrate Judge.

Before me is the parties’ joint request that the Court approve their settlement agreement in
this case (the “Settlement Agreement”), a fully executed copy of which was submitted on January 26,
2024 (ECF 31-1). This case is an action for money damages under the Fair Labor Standards Act of 1938,
29 U.S.C. § 201 et seq. (“FLSA”). A federal court must determine whether settlement of an FLSA case
before the court is fair and reasonable and the subject of an arms’-length negotiation, as opposed to
an employer’s overreaching. See Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015). I have
carefully reviewed the Settlement Agreement, as well as the parties’ thorough letter addressing
whether the Settlement Agreement is fair and reasonable (ECF 31). I have considered, without
limitation, the prior proceedings; the risks, burdens, and costs of continuing the action; the range of
possible recoveries; whether the Settlement Agreement is the product of arms’-length bargaining
between experienced counsel or parties; the possibility of fraud or collusion; and the reasonableness
of the attorneys’ fees to be paid. Considering all these factors, I find that the Settlement Agreement is
fair and reasonable. The Settlement Agreement hereby is approved. The Clerk of Court is respectfully
directed to close this case.
Dated: February 5, 2024
New York, New York
So Ordered.
_________________________
ROBYN F. TARNOFSKY
United States Magistrate Judge