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S.D.N.Y.Procedural orderFiled Feb. 5, 2020

Mei v. DP Hospitality Group, LLC

Judge
James Cott
Docket
1:19-cv-03309
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

In Mei v. DP Hospitality Group, Judge Cott approved the parties’ Fair Labor Standards Act settlement and directed the clerk to close the case.

Who this affects

The settlement affected Chunhong Mei, the others she represented as similarly situated, and DP Hospitality Group, LLC and the other defendants. The court retained jurisdiction only to enforce the settlement and directed the Clerk to close the case.

What happened

Chunhong Mei brought this wage-and-hour case under the Fair Labor Standards Act on behalf of herself and others similarly situated against DP Hospitality Group, LLC, and other defendants. The parties asked the court to approve their settlement.

The parties submitted a fully signed settlement agreement after exchanging letters and participating in telephone conferences to resolve outstanding issues. The court reviewed the agreement, including the proposed allocation of attorneys’ fees and costs.

Judge James L. Cott found that all settlement terms appeared fair and reasonable under the circumstances and approved the settlement. The court retained jurisdiction only to enforce the agreement and directed the clerk to close the case.

The detailed version

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

Case
Mei v. DP Hospitality Group, LLC · No. 1:19-cv-03309
Judge
James Cott
Date
Feb. 5, 2020

Background

Chunhong Mei brought this wage-and-hour case under the Fair Labor Standards Act (FLSA) on behalf of herself and others similarly situated. The defendants included DP Hospitality Group, LLC, and other defendants. The parties consented to Magistrate Judge James L. Cott’s jurisdiction under 28 U.S.C. § 636(c) for review of their proposed settlement.

Settlement Review

The parties initially submitted letters discussing the fairness of the proposed settlement and identifying disputes that required the court’s assistance. The court held a telephone conference on January 8, 2020, to help resolve those issues, and the parties later submitted a fully executed settlement agreement. The court reviewed the parties’ submissions, participated in the settlement process and a follow-up telephone conference, and considered the settlement under the review required by Cheeks v. Freeport Pancake House.

Ruling

The court stated that FLSA settlements generally receive a strong presumption of fairness. After reviewing the agreement and the parties’ submissions, the court found that all of the settlement terms appeared fair and reasonable under the totality of the circumstances, including the allocation of attorneys’ fees and costs. Judge James L. Cott approved the settlement, retained jurisdiction solely to enforce it, and directed the Clerk 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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