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S.D.N.Y.Procedural orderFiled Sept. 30, 2025

Policao v. Fresh Superette Inc.

Judge
Jesse Furman
Docket
1:25-cv-04391
Court
U.S. District Court · Southern District of New York
Pages
3
FlsaFee PetitionCivil Procedure
In one sentence

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.

Who this affects

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

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

Case
Policao v. Fresh Superette Inc. · No. 1:25-cv-04391
Judge
Jesse Furman
Date
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.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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