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Labor: Fair Standards | New York Eastern
Order on Motion to Appoint Guardian/Attorney ad Litem
ORDER: 17 Motion to Appoint is terminated as moot in light of subsequent proceedings. Ordered by Magistrate Judge Steven M. Gold on 2/15/2017. (Kaufman, Zachary)
Order(Other)
ORDER re 31 Letter filed by Santiago Gonzalez : I have reviewed the joint letter and proposed settlement agreement dated January 18, 2017, Docket Entry 28, seeking approval of the settlement agreement reached by the parties. I have also held a telephone conference to discuss the agreement with counsel for the parties, Docket Entry 30, and reviewed the revised settlement agreement, Docket Entry 31, submitted after that conference. Having done so, I find that the revised agreement, Docket Entry 31-1, "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., 2008 WL 724155 (E.D.N.Y. Mar. 13, 2008)(internal 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 provides plaintiff with a recovery slightly greater than the amount of wages he claims is owed to him; (2) that plaintiff has found new employment and does not seek to work for defendant again; and (3) that the attorney's fee portion of the settlement is less than the amount provided in plaintiff's retainer agreement. The settlement is therefore approved, the proposed stipulation of discontinuance submitted as Docket Entry 31-2 is hereby approved and entered as an Order of the Court, and the Clerk is respectfully requested to close the case. Ordered by Magistrate Judge Steven M. Gold on 2/15/2017. (Gold, Steven)
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