Policao v. Fresh Superette Inc.
- Jesse Furman
- 1:25-cv-04391
- U.S. District Court · Southern District of New York
- 3
In Jose Policao v. Fresh Superette Inc., Judge Aaron approved the Fair Labor Standards Act settlement, including fees and costs, and dismissed the case with prejudice.
Jose Policao, Fresh Superette Inc. and the other defendants, and plaintiff’s counsel were affected. The settlement resolved the action, and the court approved the requested attorney’s fees and litigation costs.
What happened
Jose Policao v. Fresh Superette Inc. involved claims under the Fair Labor Standards Act. The parties reached a settlement at a settlement conference and agreed that Magistrate Judge Stewart D. Aaron would handle the case.
The court reviewed the settlement and found it fair and reasonable. It also approved $12,154.48 in attorney’s fees and costs, including $405 in filing fees and $84.15 in service-of-process costs.
Judge Stewart D. Aaron approved the settlement and dismissed the action with prejudice, without costs except as provided in the settlement agreement. The Clerk of Court was asked to close the case.
The detailed version
- Policao v. Fresh Superette Inc. · No. 1:25-cv-04391
- Jesse Furman
- Sept. 30, 2025
Background
The case included one or more claims under the Fair Labor Standards Act. The parties reached a settlement at a settlement conference before Magistrate Judge Stewart D. Aaron on August 11, 2025. They later consented to have all proceedings handled by him.
The court required the parties to submit the settlement agreement and explain why it was fair, reasonable, and adequate. The parties filed a motion seeking approval of the settlement. Plaintiff also provided additional information about service costs, and plaintiff’s counsel clarified the amount of attorney’s fees and costs requested.
Court’s Analysis
The court found that the proposed settlement was fair and reasonable in light of the nature and scope of Plaintiff’s claims and the risks and expenses of continued litigation. It also found that the settlement did not raise concerns about overbroad releases or restrictive confidentiality provisions.
Plaintiff requested approval of $12,154.48 in attorney’s fees and costs, described as approximately one-third of the settlement amount plus costs, under a contingency-fee agreement. The court found the contingency-fee agreement reasonable and approved the requested attorney’s fees.
The court also found the requested costs reasonable. Those costs consisted of $405 in filing fees and $84.15 in service-of-process costs.
Disposition
The court approved the settlement. It dismissed the action with prejudice and without costs except as stated in the settlement agreement. The Clerk of Court was requested to close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.