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S.D.N.Y.Procedural orderFiled Oct. 7, 2024

De La Cruz v. MDBH Mobile 3 Inc.

Judge
Sarah Netburn
Docket
1:22-cv-03053
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In De La Cruz v. MDBH Mobile 3 Inc., Judge Netburn approved the parties’ fair and reasonable settlement and dismissed the Fair Labor Standards Act case with prejudice.

Who this affects

The plaintiffs and defendants in the Fair Labor Standards Act case; the action was dismissed with prejudice after the court approved their settlement.

What happened

Kevin De La Cruz and the other plaintiffs brought a Fair Labor Standards Act case against MDBH Mobile 3 Inc. and the other defendants. The parties consented to Judge Sarah Netburn’s jurisdiction and later reached an agreement in principle at a settlement conference.

The parties submitted their proposed settlement to the court for review. The court found the settlement fair and reasonable and approved it.

Judge Sarah Netburn dismissed the action with prejudice, meaning the case is closed and cannot be brought again as the same action. The Clerk of Court was directed to terminate the settlement-related motion.

The detailed version

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

Case
De La Cruz v. MDBH Mobile 3 Inc. · No. 1:22-cv-03053
Judge
Sarah Netburn
Date
Oct. 7, 2024

Background

This was a Fair Labor Standards Act case. On August 16, 2022, the parties consented to the jurisdiction of United States Magistrate Judge Sarah Netburn. On August 14, 2024, they participated in a settlement conference and reached an agreement in principle.

Settlement Review

On October 2, 2024, the parties submitted their proposed settlement agreement for court review under Cheeks v. Freeport Pancake House. The court reviewed the proposed agreement and determined that it was fair and reasonable.

Ruling

The court approved the settlement and dismissed the action with prejudice. The court also directed the Clerk of Court to terminate the motion at ECF No. 110. The order did not decide the underlying Fair Labor Standards Act claims after a trial or other merits ruling; it resolved the action through the approved settlement.

The authoritative version

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

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