Rivas v. Felidia Restaurant, Inc.
- Vyskocil
- 1:19-cv-09218
- U.S. District Court · Southern District of New York
- 1
In Rivas v. Felidia Restaurant, Judge Vyskocil approved a fair FLSA settlement and dismissed the case with prejudice.
The three plaintiffs and the two defendants are affected because the court approved their settlement and dismissed the case with prejudice.
What happened
Rivas v. Felidia Restaurant involved a settlement reported by the plaintiffs, who submitted a letter and supporting documents for the court’s review.
The court reviewed the settlement for fairness under the Fair Labor Standards Act and relevant Second Circuit law, and found its terms fair and reasonable. The court stated that its approval did not address whether the plaintiff’s attorney’s billing rates were reasonable.
Judge Vyskocil approved the settlement and ordered the case dismissed with prejudice. She also directed the Clerk of Court to end pending motions, adjourn remaining dates, and close the case.
The detailed version
- Rivas v. Felidia Restaurant, Inc. · No. 1:19-cv-09218
- Vyskocil
- May 4, 2020
Background
Plaintiffs Johnny Rivas, Eduardo Melendez, and Rene Narissa Munson told the court on April 21, 2020, that the case had settled. They submitted a letter and documents supporting the settlement’s fairness. The opinion identifies Felidia Restaurant, Inc., doing business as Felidia, and Santiago Pesantez as the defendants.
Court’s Review
The court reviewed the settlement under the Fair Labor Standards Act and applicable Second Circuit law. It concluded that the settlement terms were fair and reasonable. The court expressly stated that its approval did not constitute an opinion about the reasonableness of the rates charged by the attorney representing the plaintiff.
Disposition
Judge Mary Kay Vyskocil approved the settlement and ordered that the case be dismissed with prejudice. The Clerk of Court was directed to terminate all pending motions, adjourn any remaining dates, and close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.