Patricio Agapito v. AHDS Bagel LLC
- James Oetken
- 1:16-cv-08170
- U.S. District Court · Southern District of New York
- 1
In Adolfo Patricio Agapito v. AHDS Bagel LLC, Judge Oetken approved the parties’ $35,000 Fair Labor Standards Act settlement.
The plaintiffs and defendants in this FLSA case and two related cases. The approved proposal provides $35,000 for the plaintiffs’ FLSA claims and includes attorney’s fees equal to one-third of the settlement after costs.
What happened
Adolfo Patricio Agapito and the other plaintiffs told the court that they and the defendants had reached a settlement in this Fair Labor Standards Act case and two related cases.
The proposed agreement provided $35,000 to be divided proportionally among the plaintiffs for their labor-law claims. One-third of the settlement, after costs were deducted, would be paid as attorney’s fees.
Judge James Oetken found the agreement fair and reasonable and approved it. Because the agreement had not yet been signed, the plaintiffs had to file the signed agreement by May 10, 2020.
The detailed version
- Patricio Agapito v. AHDS Bagel LLC · No. 1:16-cv-08170
- James Oetken
- Apr. 10, 2020
Background
The parties notified the court that they had reached a settlement in this Fair Labor Standards Act (FLSA) case and two related cases. They submitted a proposed settlement for court approval.
Proposed Settlement
The proposal provided for a total payment of $35,000, to be allocated proportionally among the plaintiffs in connection with their FLSA claims. One-third of the settlement amount, after deducting costs, would be collected as attorney’s fees.
Court’s Ruling
The court reviewed the proposed settlement and found it fair and reasonable under the standard stated in Cheeks v. Freeport Pancake House, Inc. The court approved the settlement submitted at Docket Number 139. Because the agreement had not yet been executed, the court directed the plaintiffs to file an executed settlement agreement by May 10, 2020.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.