Case Activity (53)

1. Order | Filed: October 05, 2022 | Entered: October 05, 2022 Bamaca et al v. Beny's Delice LLC et al

   Labor: Fair Standards | New York Eastern

   Order Dismissing Case

   ORDER DISMISSING CASE: In light of the parties' stipulation of dismissal the above case caption is hereby closed. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/5/2022. (EM)

2. Order | Filed: October 04, 2022 | Entered: October 04, 2022 Bamaca et al v. Beny's Delice LLC et al

   Labor: Fair Standards | New York Eastern

   Order on Motion for Settlement

   ORDER: The parties have filed a motion for settlement approval 49 and have consented to jurisdiction by a US Magistrate Judge 42 . 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, and the motion for settlement approval is granted. The first and second motions for settlement approval 43 , 48 are denied as moot. The stipulation of dismissal is so ordered. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/4/2022. (MD)

3. 51 additional result(s)