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

Cruz v. 70-30 Austin Street Bakery Inc.

Judge
Paul Engelmayer
Docket
1:18-cv-07408-PAE-SLC
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

In Cruz v. 70-30 Austin Street Bakery, Judge Engelmayer approved a fair settlement of the plaintiff’s wage claims and closed the case.

Who this affects

Lazaro Reyes Cruz, the defendants, and Cruz’s attorney, Lee Litigation Group, PLLC.

What happened

Lazaro Reyes Cruz sued 70-30 Austin Street Bakery Inc. and others under the federal Fair Labor Standards Act and New York Labor Law.

The proposed settlement required the defendants to pay Cruz $18,318.31 and his lawyer, Lee Litigation Group, PLLC, $10,681.69 in attorneys’ fees.

Judge Paul A. Engelmayer found the agreement fair, reasonable, and reached through fair procedures. He approved 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
Cruz v. 70-30 Austin Street Bakery Inc. · No. 1:18-cv-07408-PAE-SLC
Judge
Paul Engelmayer
Date
Apr. 21, 2020

Background

This action asserted claims under the Fair Labor Standards Act (FLSA) and New York Labor Law. On March 11, 2020, the parties submitted a proposed settlement agreement and a supporting letter.

Settlement Terms

Under the agreement, the defendants agreed to pay $18,318.31 to Lazaro Reyes Cruz and $10,681.69 in attorneys’ fees to his attorney, Lee Litigation Group, PLLC. The court stated that the agreement allocated one third of the settlement amount, after costs, to counsel as attorneys’ fees.

Court’s Ruling

Judge Paul A. Engelmayer reviewed the agreement and concluded that it was fair and reasonable and had been reached through procedurally fair means. Applying the standard from Cheeks v. Freeport Pancake House, Inc., the court approved the agreement. The Clerk of Court was directed 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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