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S.D.N.Y.Procedural orderFiled Jan. 21, 2020

Valera v. CJ Restaurant Company Inc.

Judge
George Daniels
Docket
1:19-cv-06392
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaFee PetitionCivil Procedure
In one sentence

In Valera v. CJ Restaurant Company Inc., Judge Daniels approved the parties’ FLSA settlement, including $7,000 to plaintiffs and $4,000 in attorney fees, and dismissed the action with prejudice.

Who this affects

Roger Valera, Marco Rodriguez, the FLSA collective plaintiffs, CJ Restaurant Company Inc., Bun Kyung Kim, and the plaintiffs’ attorneys were affected by the approved settlement, payments, fee award, and dismissal.

What happened

Valera v. CJ Restaurant Company Inc. involved consolidated actions under the Fair Labor Standards Act, a federal wage-and-hour law. The parties reached a settlement and jointly asked the court to approve it.

The court approved a $7,000 settlement payment to the plaintiffs and $4,000 in attorneys’ fees and costs. It also ordered that the action be dismissed with prejudice and without costs to any party, except as provided in the approved settlement agreement and order.

Judge George B. Daniels granted the parties’ motion for settlement approval and entered the dismissal on January 21, 2020.

The detailed version

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

Case
Valera v. CJ Restaurant Company Inc. · No. 1:19-cv-06392
Judge
George Daniels
Date
Jan. 21, 2020

Background

Roger Valera and Marco Rodriguez brought the actions on behalf of themselves and Fair Labor Standards Act (FLSA) collective plaintiffs against CJ Restaurant Company Inc. and Bun Kyung Kim. The opinion states that the actions had been consolidated and that the parties reached a settlement. They jointly moved for court approval.

Settlement Review

The court reviewed the settlement agreement, the joint motion, and the attached exhibits under Cheeks v. Freeport Pancake House, Inc., which the opinion identifies as the governing authority for reviewing FLSA settlements.

Ruling

Judge George B. Daniels granted the parties’ motion. The court approved:

  1. A $7,000 settlement payment to the plaintiffs.
  2. $4,000 in attorneys’ fees and costs to the plaintiffs’ attorneys.
  3. Dismissal of the action with prejudice and without costs to any party, except to the extent provided in the parties’ settlement agreement and the court’s order.
The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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