Alberto Nicolas v. 701 Deli Inc.
- Edgardo Ramos
- 1:16-cv-07699
- U.S. District Court · Southern District of New York
- 2
In Manuel Alberto Nicolas v. 701 Deli Inc., Judge Ramos approved a revised overtime settlement and dismissed the case with prejudice.
Manuel Alberto Nicolas, the people he represented as similarly situated, and the named defendants were affected by the court’s approval of the revised settlement and dismissal of the case with prejudice.
What happened
Manuel Alberto Nicolas v. 701 Deli Inc. involved unpaid overtime wage claims under the Fair Labor Standards Act, brought by Manuel Alberto Nicolas individually and for others similarly situated.
The parties revised their settlement agreement after the court rejected an earlier version because its release provision was too broad. The revised agreement limited the release to claims involved in the case.
Judge Edgardo Ramos approved the revised agreement, found that it complied with the required standard, dismissed the case with prejudice, and directed the Clerk of Court to close the case.
The detailed version
- Alberto Nicolas v. 701 Deli Inc. · No. 1:16-cv-07699
- Edgardo Ramos
- Nov. 12, 2019
Background
Manuel Alberto Nicolas brought unpaid overtime wage claims under the Fair Labor Standards Act, individually and on behalf of others similarly situated, against 701 Deli Inc., doing business as 701 Deli, Fouad Hizam Musaid, Abdullah Musaid, and Maki Doe. On March 15, 2019, the parties asked the court to approve their settlement agreement and dismiss the case with prejudice.
Earlier settlement review
On October 17, 2019, the court found that the settlement amount was fair and reasonable. It also found that the attorneys’ fees were appropriate and supported by counsel’s billing records. The court nevertheless declined to approve the agreement because its release provision was too broad.
Revised agreement and ruling
The parties submitted a revised agreement on November 12, 2019, limiting the release to the claims involved in the litigation. The court found that the revised agreement complied with Cheeks v. Freeport Pancake House, Inc. and approved it. Judge Edgardo Ramos then dismissed the case with prejudice and directed the Clerk of Court to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.