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Fabian VanCott
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Order | Filed: April 24, 2024 | Entered: April 24, 2024 Morales v. Technic Management, Inc. et al
Labor: Fair Standards | New York Eastern
Order Dismissing Case
ORDER DISMISSING CASE: In accordance with the undersigned's Order dated April 23, 2024, this case has been closed. So Ordered by Magistrate Judge James M. Wicks on 4/24/2024. (DF)
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Order | Filed: April 23, 2024 | Entered: April 23, 2024 Morales v. Technic Management, Inc. et al
Labor: Fair Standards | New York Eastern
Order on Motion for Settlement
ORDER granting 68 Motion for Settlement Approval. The parties have filed a Motion for Settlement Approval (ECF No. 68 ), and have consented to jurisdiction by a U.S. Magistrate Judge (ECF Nos. 69 , 70 ). Having reviewed the Settlement Agreement and Memorandum in Support of Attorney's Fees (ECF No. 68 ), 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) ("Cheeks"). In reaching this conclusion, I have considered, among other things, (i) 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; (ii) 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); (iii) that the release provided for in the Agreement is limited in scope; and (iv) 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 Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). See Fisher, 948 F.3d at 600 (instructing that Wolinsky factors guide fairness inquiry). The settlement is therefore approved, and the Motion for Settlement Approval is GRANTED. The Clerk of the Court is respectfully directed to close this case. So Ordered by Magistrate Judge James M. Wicks on 4/23/2024. (HM)
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Utility | Filed: April 23, 2024 | Entered: April 23, 2024 Morales v. Technic Management, Inc. et al
Labor: Fair Standards | New York Eastern
Case No Longer Referred
Case no longer referred to Magistrate Judge James M. Wicks. (AMF)
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