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Date: 06-21-2023
Case Style:
Case Number: 19-CV-10356
Judge: Mary Kay Vyskocil
Court: United States District Court for the Southern District of New York (Manhattan County)
Plaintiff's Attorney:
Defendant's Attorney: Laurence Jay Lebowitz
Description: New York, New York employment law lawyer represented Plaintiff who sued Defendants on Fair Labor Standards Act violation theories.
On October 20, 2022, the parties informed the Court that they had reached a settlement in principle [ECF No. 57]. The same day, the Court filed a 30-day order discontinuing this case without costs to any party and without prejudice [ECF No. 58]. However, because the Complaint asserts claims under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., judicial approval is required for settlement. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015) (holding that FLSA settlements require the approval of either the district court or the United States Department of Labor). “In deciding whether to approve a stipulated settlement, the Court must scrutinize the settlement for fairness.” Boucaud v. City of New York, No. 07-cv-11098 (RJS), 2010 WL 4813784, at *1 (S.D.N.Y. Nov. 16, 2010).
Outcome: Settled and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: