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S.D.N.Y.Procedural orderFiled Sept. 30, 2020

Gutierrez v. Tryax Realty Management, Inc.

Judge
Paul Engelmayer
Docket
1:17-cv-06752
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaEmploymentCivil Procedure
In one sentence

In Gutierrez v. Tryax Realty Management, Judge Engelmayer approved the parties’ fair and reasonable settlement and closed the case.

Who this affects

The approved settlement affects Jaime Gutierrez, Ramon Gutierrez, the defendants named in the action, and any other people covered by the agreement; the opinion does not identify the agreement’s specific terms or scope.

What happened

Jaime Gutierrez and Ramon Gutierrez brought Gutierrez v. Tryax Realty Management, Inc., a wage case under the Fair Labor Standards Act and New York Labor Law. They sued Tryax Realty Management, Inc., 1027 Wallco L.L.C., Michael Schmelzer, Matthew Schmelzer, Miguel Leon, and Cesar Maldonado, on behalf of themselves and others similarly situated.

The parties submitted a proposed settlement agreement, then filed a revised version with the parties’ signatures. The court reviewed the agreement and found that it had been reached through a fair process and was fair and reasonable.

Judge Engelmayer approved the agreement, kept authority to enforce its terms, and directed the clerk to close the case.

The detailed version

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

Case
Gutierrez v. Tryax Realty Management, Inc. · No. 1:17-cv-06752
Judge
Paul Engelmayer
Date
Sept. 30, 2020

Background

Jaime Gutierrez and Ramon Gutierrez brought this action under the Fair Labor Standards Act and New York Labor Law on behalf of themselves and others similarly situated. The defendants were Tryax Realty Management, Inc., 1027 Wallco L.L.C., Michael Schmelzer, Matthew Schmelzer, Miguel Leon, and Cesar Maldonado.

On September 18, 2020, the parties submitted a proposed settlement agreement and a supporting letter. On September 30, 2020, they submitted a revised agreement containing the parties’ signatures.

Court’s Analysis

The court carefully reviewed the revised agreement. Relying substantially on the parties’ supporting letter and a recent Second Circuit decision, the court concluded that the agreement was fair and reasonable. The court also found that the agreement had been reached through procedurally fair means, satisfying the standard described in Cheeks v. Freeport Pancake House, Inc. for approval of settlements in Fair Labor Standards Act cases.

Ruling

Judge Engelmayer approved the agreement and retained jurisdiction to enforce its terms. The clerk was directed to close the case. The opinion does not state the agreement’s financial or other specific settlement terms.

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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