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Sino-Global Shipping America Ltd.
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Order | Filed: March 14, 2022 | Entered: March 14, 2022 Chen v. LJC Trading New York, Inc. et al
Labor: Fair Standards | New York Eastern
Order on Motion for Settlement Order Dismissing Case
ORDER finding as moot 126 Motion for Settlement; granting 128 Motion for Settlement; ORDER DISMISSING CASE. The parties have filed a motion for settlement approval 126 , an amended motion for settlement approval 128 and have consented to jurisdiction by a US Magistrate Judge 129 . Having presided over settlement discussions and having reviewed the settlement agreement, I find that "the agreement reflects a reasonable compromise of disputed issues [rather] than a mere waiver of statutory rights brought about by an employer's overreaching." Le v. SITA Information Networking Computing, USA, Inc., No. 07-CV-86, 2008 WL 724155, at *1 (E.D.N.Y. Mar. 13, 2008) (quotations and citation omitted); see also Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In reaching this conclusion, I have considered, among other things, (1) that the settlement amount as reflected in the settlement agreement is substantial and fair in light of litigation risk and is within the possible range of recovery; (2) that the attorney's fees and costs portion of the settlement is reasonable and commensurate with the degree of success obtained, see Fisher v. SD Protection Inc., 948 F.3d 593, 606-07 (2d Cir. 2020); (3) that the release provided for in the agreement is limited in scope; and (4) that the settlement agreement does not impose a duty of confidentiality. For the reasons above, the terms of the settlement are fair and reasonable and otherwise satisfy the factors set forth in Wolinksy v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). See Fisher, 948 F.3d at 600 (instructing that Wolinksy factors guide fairness inquiry). The settlement is therefore approved. The Amended Motion for Settlement Approval 128 is granted and the first motion for settlement approval 126 is denied as moot. This case is closed. So Ordered by Magistrate Judge Steven Tiscione on 3/14/2022. (Vasquez, Lea)
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Utility | Filed: March 11, 2022 | Entered: March 11, 2022 Chen v. LJC Trading New York, Inc. et al
Labor: Fair Standards | New York Eastern
Case No Longer Referred
Case no longer referred to Magistrate Judge Steven Tiscione. (Tirado, Chelsea)
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Misc | Filed: March 11, 2022 | Entered: March 11, 2022 Chen v. LJC Trading New York, Inc. et al
Labor: Fair Standards | New York Eastern
Consent to Jurisdiction by US Magistrate Judge
CONSENT to Jurisdiction by US Magistrate Judge - Case reassigned to Magistrate Judge Steven Tiscione for all further proceedings. Judge Gary R. Brown no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. SO ORDERED by Judge Gary R Brown on 3/11/2022. (Tirado, Chelsea)
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