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

Flores Pablo v. Mendy's Atrium LLC

Judge
Paul Engelmayer
Docket
1:19-cv-04458
Court
U.S. District Court · Southern District of New York
Pages
2
EmploymentFlsaFee Petition
In one sentence

Flores Pablo v. Mendy's Atrium LLC: Judge Engelmayer approved the parties’ fair and reasonable settlement and ordered the case closed.

Who this affects

The settlement affects Nicomedes Flores Pablo, the defendants, and the plaintiff’s attorney, Michael Faillace and Associates, P.C.; the court also directed that the case be closed.

What happened

In Flores Pablo v. Mendy's Atrium LLC, the parties submitted a proposed settlement in a dispute under the Fair Labor Standards Act and New York Labor Law.

The agreement provides $8,139.36 to the plaintiff and $4,360.64 in attorneys’ fees to the plaintiff’s law firm. The court found that the agreement was reached fairly and was fair and reasonable.

Judge Engelmayer approved the settlement 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
Flores Pablo v. Mendy's Atrium LLC · No. 1:19-cv-04458
Judge
Paul Engelmayer
Date
Apr. 21, 2020

Background

The parties submitted a proposed settlement agreement and a supporting letter in an action under the Fair Labor Standards Act (FLSA) and New York Labor Law. The opinion does not describe the underlying wage claims in detail.

Settlement Terms

Under the agreement, the defendants agreed to pay $8,139.36 to the plaintiff, Nicomedes Flores Pablo, and $4,360.64 in attorneys’ fees to the plaintiff’s attorney, Michael Faillace and Associates, P.C. The agreement allocated one-third of the settlement amount, after costs, to the plaintiff’s counsel as attorneys’ fees.

Ruling

The court concluded that the settlement was fair and reasonable and had been achieved through procedurally fair means. Applying the standard discussed in Cheeks v. Freeport Pancake House, Inc., the court approved the agreement. Judge Paul A. Engelmayer 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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