Demirovic v. SXB Restaurant Corp.
- Willis
- 1:23-cv-11092
- U.S. District Court · Southern District of New York
- 2
In Demirovic v. SXB Restaurant, Judge Willis approved the parties’ wage-settlement agreement and discontinued the action with prejudice and without costs.
Safedin Demirovic, SXB Restaurant Corp. doing business as IL TINELLO RISTORANTE, and Xherat Gocaj were affected by the approved settlement and the discontinuance of the action.
What happened
In Demirovic v. SXB Restaurant Corp., Safedin Demirovic brought claims under the Fair Labor Standards Act and New York Labor Law against SXB Restaurant Corp. and Xherat Gocaj. The parties reached an agreement in principle to resolve the case and submitted the proposed settlement for court approval.
The court reviewed the settlement and the parties’ explanation of why it was fair, reasonable, and adequate. The court approved the agreement, including its provisions addressing the claims and the plaintiff’s lawyer fees.
Judge Jennifer E. Willis discontinued the action with prejudice and without costs, while allowing the plaintiff to ask within 30 days to restore the case if any written settlement documentation was not completed. The court retained jurisdiction to enforce the settlement if necessary and directed the clerk to close the case.
The detailed version
- Demirovic v. SXB Restaurant Corp. · No. 1:23-cv-11092
- Willis
- Jan. 3, 2025
Background
Safedin Demirovic sued SXB Restaurant Corp. doing business as IL TINELLO RISTORANTE and Xherat Gocaj under the Fair Labor Standards Act and the New York Labor Law. The parties consented to the magistrate judge’s authority to decide the case under 28 U.S.C. § 636(c). They reached an agreement in principle and submitted a proposed settlement for judicial approval.
Settlement Review
Because wage claims under the Fair Labor Standards Act require judicial fairness review of settlements, the court examined the proposed agreement and the parties’ letter explaining why it was fair, reasonable, and adequate. The court considered the totality of the relevant circumstances and the agreement’s terms.
Ruling
Judge Jennifer E. Willis ordered that the proposed settlement be approved. The court found that the agreement was fair, reasonable, and adequate both to address the plaintiff’s claims and to compensate the plaintiff’s counsel for legal fees.
The court also ordered that the action be discontinued with prejudice and without costs. The order permits the plaintiff, within 30 days of January 3, 2025, to apply by letter to restore the action to the active calendar if any part of the settlement’s written documentation is not completed. The court retained jurisdiction to enforce the settlement if necessary and directed the clerk to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.