Fragoso Banos v. 34th Street Diner, Inc.
- Gabriel Gorenstein
- 1:18-cv-02815
- U.S. District Court · Southern District of New York
- 1
In Fragoso Banos v. 34th Street Diner, Judge Gorenstein approved the settlement, dismissed the action with prejudice, and retained jurisdiction to enforce the agreement.
The plaintiffs and defendants in the action are affected: the approved settlement ended the case with prejudice, subject to the court's retained jurisdiction to enforce the settlement agreement.
What happened
In Fragoso Banos v. 34th Street Diner, the parties submitted a proposed settlement in a case involving claims under the Fair Labor Standards Act.
The court reviewed the agreement and found it fair and reasonable. The court approved the settlement.
Judge Gorenstein dismissed the action with prejudice and without costs except as provided in the settlement agreement, retained jurisdiction to enforce the agreement, and found any pending motions moot.
The detailed version
- Fragoso Banos v. 34th Street Diner, Inc. · No. 1:18-cv-02815
- Gabriel Gorenstein
- May 26, 2020
Background
The plaintiffs brought claims under the Fair Labor Standards Act against 34th Street Diner, Inc. and other defendants. The parties consented to have the matter decided by United States Magistrate Judge Gabriel W. Gorenstein under 28 U.S.C. § 636(c). They submitted a proposed settlement agreement in a filing dated May 19, 2020.
Settlement Review
The court reviewed the proposed settlement under Cheeks v. Freeport Pancake House, Inc., as required for approval of settlements involving Fair Labor Standards Act claims. The court found that the settlement was fair and reasonable and approved it.
Disposition
Judge Gabriel W. Gorenstein ordered that the action be dismissed with prejudice and without costs, except as stated in the settlement agreement. The court retained jurisdiction to enforce the settlement agreement, ruled that any pending motions were moot, and requested that the Clerk close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.