Vasquez Ortega v. Paradis to Go LLC

Background

Eutiquio Vasquez Ortega brought the action on behalf of himself and others similarly situated against Paradis To Go LLC, Kimberly Paradis, and Mickael Paradis. The case was framed as a collective action under the Fair Labor Standards Act concerning the defendants’ non-exempt employees since September 2016. The plaintiff did not seek certification of a class or collective group, either for discovery or in connection with the settlement.

The plaintiff informed the court that the case had settled and submitted a letter and supporting documents. The settlement resolved only the named plaintiff’s claims and did not purport to affect claims that other employees might have.

Court’s Review

The court reviewed the settlement for fairness under the Fair Labor Standards Act and Second Circuit law. The parties had participated in mediation with Magistrate Judge Robert Lehrburger. Although mediation was initially unsuccessful, the settlement resulted from continued information exchange and arms-length negotiations.

The court concluded that the settlement terms were fair and reasonable. It found the settlement amount reasonable in part because, before attorney’s fees, it compensated the plaintiff for more than the unpaid overtime alleged in the complaint. The court stated that its approval did not specifically address the reasonableness of the rates charged by the plaintiff’s attorney.

Disposition

The court approved the settlement and ordered that the case be dismissed with prejudice. It also directed the Clerk of Court to terminate pending motions, adjourn remaining dates, and close the case.