Order | Filed: July 20, 2026
| Entered: July 20, 2026
Rufino v. Roadwork Ahead Inc. et al
Labor: Fair Standards | New York Eastern
Order on Motion for Settlement Order on Motion for Leave to File
ORDER granting 21 Motion for Settlement; finding as moot 18 Motion for Leave to File
After examination of the settlement agreement, DE 21, as well as the concerns raised by the parties in their motion (including, inter alia, litigation risks), the Court finds that the terms of the settlement agreement and attorney's fees and costs are fair and reasonable under Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015).
Accordingly, the settlement agreement and release, DE 21-1, is hereby approved and So Ordered with two exceptions:
First, Section 8. Retention of Jurisdiction for Enforcement: which states that "The Parties jointly request that the Court retain jurisdiction for the sole purpose of enforcing this Agreement. In the event of any dispute concerning the interpretation, performance, or enforcement of this Agreement, the Parties may petition the Court to reopen the Action for that limited purpose.
Second, Section 9. Choice of Law and Forum: which states in relevant part that "Any action arising out of or relating to this Agreement shall be brought exclusively in the United States District Court for the Eastern District of New York ("EDNY").
To be clear, the Court does NOT retain jurisdiction to enforce the parties' settlement agreement and release. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994); Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015).
Accordingly, the Stipulation and Order of Dismissal, DE 21-1, is hereby So Ordered as set forth above.
The Clerk of the Court is respectfully directed to close the case.
Ordered by Judge Gary R. Brown on 7/20/2026. (LJ)