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S.D.N.Y.Procedural orderFiled Sept. 12, 2024

Fernandez v. Casa Restaurant & Lounge, Inc.

Judge
Gabriel Gorenstein
Docket
1:23-cv-10240
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In Fernandez v. Casa Restaurant & Lounge, Judge Gorenstein approved the parties’ fair and reasonable settlement and dismissed the case with prejudice.

Who this affects

The parties to Samantha Fernandez’s Fair Labor Standards Act action, including Casa Restaurant & Lounge, Inc. and the other defendants named in the caption, are affected by the approved settlement and dismissal with prejudice.

What happened

In Fernandez v. Casa Restaurant & Lounge, Inc., the parties submitted a proposed settlement resolving claims under the Fair Labor Standards Act, a federal wage-and-hour law.

Judge Gorenstein reviewed the settlement and found it fair and reasonable. The court approved the settlement and said it would retain authority to enforce it.

Judge Gorenstein dismissed the action with prejudice and without costs except as provided in the settlement agreement. The court also found any pending motions moot and directed the Clerk to close the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Fernandez v. Casa Restaurant & Lounge, Inc. · No. 1:23-cv-10240
Judge
Gabriel Gorenstein
Date
Sept. 12, 2024

Background

Samantha Fernandez brought claims under the Fair Labor Standards Act against Casa Restaurant & Lounge, Inc. and other defendants identified in the caption. The parties consented to have the magistrate judge decide the matter. They submitted a proposed settlement agreement for court review.

Settlement Review

The court reviewed the proposed settlement under Cheeks v. Freeport Pancake House, Inc., which requires judicial review of certain Fair Labor Standards Act settlements. The court found the agreement fair and reasonable and approved the settlement.

Ruling and Disposition

Judge Gorenstein ordered that the action be dismissed with prejudice and without costs, except as may be stated in the settlement agreement. The court retained jurisdiction to enforce the settlement agreement. It also ruled that any pending motions were moot and directed the Clerk to close the case.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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