Ramirez v. QFlorist Inc.
- Sarah Cave
- 1:19-cv-07318
- U.S. District Court · Southern District of New York
- 2
Ramirez v. QFlorist Inc.: Judge Cave approved the wage-and-hour settlement, dismissed the action with prejudice, and retained jurisdiction to enforce it.
Pedro Vivar Ramirez and QFlorist Inc., et al.; the approved settlement resolved the action, which was dismissed with prejudice, while the court retained jurisdiction to enforce the agreement.
What happened
In Ramirez v. QFlorist Inc., Pedro Vivar Ramirez and the defendants asked the court to approve their settlement of a wage-and-hour case under the Fair Labor Standards Act, a federal law governing wages and working hours.
The court reviewed the proposed agreement, including the payment of attorneys’ fees and costs. It found that all settlement terms appeared fair and reasonable, noting that the agreement was reached through court-ordered mediation and that some defendants might face financial difficulties if the case continued.
Judge Sarah L. Cave approved the settlement. She dismissed the action with prejudice and without costs except as provided in the settlement agreement, retained jurisdiction to enforce the agreement, and directed the Clerk of Court to close the case.
The detailed version
- Ramirez v. QFlorist Inc. · No. 1:19-cv-07318
- Sarah Cave
- Apr. 20, 2020
Background
This was a wage-and-hour action under the Fair Labor Standards Act (FLSA). The parties consented to the jurisdiction of Magistrate Judge Sarah L. Cave under 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73 for review of their proposed settlement. They submitted a joint motion letter and settlement agreement for court approval under Cheeks v. Freeport Pancake House, Inc.
The parties reached the agreement through court-ordered mediation. The opinion states that, if the settlement were not completed, certain defendants might face difficult financial circumstances worsened by the economic downturn resulting from the COVID-19 pandemic. The opinion does not state the settlement amount or describe the individual payment terms.
Court’s Analysis
The court stated that FLSA settlements generally receive a strong presumption of fairness because the parties are usually better positioned than the court to assess the reasonableness of their agreement. After reviewing the joint motion, the settlement agreement, and the allocation of attorneys’ fees and costs, the court found that all proposed terms appeared fair and reasonable under the totality of the circumstances and the factors identified in Wolinsky v. Scholastic Inc.
Disposition
Judge Sarah L. Cave approved the settlement. The court dismissed the action with prejudice and without costs except as stated in the settlement agreement. The court retained jurisdiction to enforce the settlement agreement and requested that the Clerk of Court close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.