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S.D.N.Y.Procedural orderFiled Sept. 28, 2020

Tomala v. CLGM, Inc.

Judge
Stewart Aaron
Docket
1:19-cv-07839
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In Tomala v. CLGM, Judge Aaron approved the parties’ Fair Labor Standards Act settlement and dismissed the action with prejudice.

Who this affects

Raul Enrique Tomala, the others described in the caption as similarly situated, and the defendants, including CLGM, Inc.; the settlement’s specific terms are not stated in the opinion.

What happened

In Tomala v. CLGM, Raul Enrique Tomala brought Fair Labor Standards Act claims for himself and others described as similarly situated. The parties referred the case to Judge Stewart D. Aaron by consent.

The parties submitted a proposed settlement agreement and related papers. After reviewing them, the court found the settlement fair and reasonable and approved it.

Judge Stewart D. Aaron dismissed the action with prejudice and without costs, except as the settlement agreement may provide. The court retained jurisdiction to enforce the settlement and directed the clerk to close the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Tomala v. CLGM, Inc. · No. 1:19-cv-07839
Judge
Stewart Aaron
Date
Sept. 28, 2020

Background

Raul Enrique Tomala brought claims under the Fair Labor Standards Act on behalf of himself and others described in the caption as similarly situated. The opinion states that, on the parties’ consent, disposition of the case was referred to United States Magistrate Judge Stewart D. Aaron under 28 U.S.C. § 636(c).

Settlement Review

The parties submitted a proposed settlement agreement and related papers on September 22, 2020. The court reviewed the proposed settlement and found it fair and reasonable under the standard cited in Cheeks v. Freeport Pancake House, Inc. The court therefore approved the settlement.

Disposition

Judge Stewart D. Aaron ordered that the action be dismissed with prejudice and without costs, except as may be stated in the settlement agreement. The court retained jurisdiction to enforce the settlement agreement and requested that the clerk close the case.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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