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S.D.N.Y.Procedural orderFiled Jan. 28, 2020

Restrepo v. Fratelli Italiani LLC

Judge
Paul Engelmayer
Docket
1:19-cv-06606
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

In Restrepo v. Fratelli Italiani LLC, Judge Engelmayer approved the parties’ fair and reasonable labor-law settlement and closed the case.

Who this affects

Jose Restrepo, Fratelli Italiani LLC, Kavita Jagnarine, and Restrepo’s attorneys were affected by the court’s approval of the settlement and closure of the case.

What happened

Restrepo v. Fratelli Italiani LLC was an action under the Fair Labor Standards Act and New York Labor Law involving Jose Restrepo and defendants Fratelli Italiani LLC and Kavita Jagnarine.

The parties submitted a proposed settlement under which the defendants would pay Restrepo $10,470.53, his attorneys $5,235.20 in fees, and those attorneys $544.20 in costs. The court found that the agreement was reached through fair procedures and was fair and reasonable.

Judge Paul A. Engelmayer approved the agreement, agreed to keep jurisdiction over it, and directed the Clerk of Court to close the case.

The detailed version

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

Case
Restrepo v. Fratelli Italiani LLC · No. 1:19-cv-06606
Judge
Paul Engelmayer
Date
Jan. 28, 2020

Background

Jose Restrepo brought this action against Fratelli Italiani LLC and Kavita Jagnarine under the Fair Labor Standards Act and New York Labor Law. On January 22, 2020, the parties submitted a proposed settlement agreement and a supporting memorandum.

Settlement Terms

Under the agreement, the defendants agreed to pay $10,470.53 to Restrepo. The agreement also provided for $5,235.20 in attorneys’ fees and $544.20 in costs to Joseph & Kirschenbaum LLP, Restrepo’s attorneys. The court stated that the agreement allocated one-third of the settlement amount, after costs, to Restrepo’s counsel as attorneys’ fees.

Court’s Analysis and Ruling

The court reviewed the agreement and concluded that it was fair and reasonable. It also found that the agreement was reached through procedurally fair means and satisfied the standard described in Cheeks v. Freeport Pancake House, Inc. Judge Paul A. Engelmayer approved the agreement, stated that the court would maintain jurisdiction over it as requested by the parties, and directed the Clerk of Court to close the case.

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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