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Keil & Correa
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Order | Filed: May 17, 2024 | Entered: May 17, 2024 Yang v. Rainbow Nails Salon IV Inc. et al
Labor: Fair Standards | New York Eastern
Order on Motion for Settlement
ORDER granting 86 Motion for Settlement Approval. Having conducted a fairness hearing on May 16, 2024 and having reviewed the Motion for Settlement Approval 86 , the Court finds, pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the Settlement Agreement to be fair and reasonable. 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 attorneys' 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; (4) that the settlement agreement does not impose a duty of confidentiality and does not include any complete non-disparagement clauses; and (5) that the settlement was reached through mediation with a neutral mediator, and therefore there is no risk of fraud or collusion. 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 parties shall file a stipulation of dismissal by May 23, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 5/17/2024. (JAM) -
Misc | Filed: May 17, 2024 | Entered: May 17, 2024 Yang v. Rainbow Nails Salon IV Inc. et al
Labor: Fair Standards | New York Eastern
Letter
Letter re retainer agreement submission by Jun Hua Yang (Attachments: # 1 Exhibit retainer agreement) (Qu, Ge)
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Minutes | Filed: May 16, 2024 | Entered: May 16, 2024 Yang v. Rainbow Nails Salon IV Inc. et al
Labor: Fair Standards | New York Eastern
Fairness Conference
Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo:Fairness Conference held on 5/16/2024. A fairness hearing was held on May 16, 2024 before Magistrate Judge Joseph A. Marutollo. All counsel and parties appeared. Plaintiff shall file a copy of the retainer agreement by May 17, 2024. (FTR Log #11:31-11:50.) (Marutollo, Joseph)
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