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S.D.N.Y.Procedural orderFiled Nov. 24, 2020

Perez v. Healthy Choice Gourmet, Inc.

Judge
Stewart Aaron
Docket
1:20-cv-05401
Court
U.S. District Court · Southern District of New York
Pages
1
EmploymentFlsaCivil Procedure
In one sentence

In Perez v. Healthy Choice Gourmet, Judge Aaron approved the parties’ fair labor settlement, dismissed the action with prejudice, and retained jurisdiction to enforce it.

Who this affects

The parties to Salvador Perez’s Fair Labor Standards Act action, including Salvador Perez and Healthy Choice Gourmet, Inc. et al.

What happened

Salvador Perez v. Healthy Choice Gourmet, Inc. involved claims under the Fair Labor Standards Act. The parties submitted a proposed settlement and related papers to the court.

After reviewing the agreement, the court found that the settlement was fair and reasonable and approved it. The opinion does not describe the settlement’s terms.

Judge Stewart D. Aaron dismissed the action with prejudice and without costs, except as the settlement agreement provides. 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
Perez v. Healthy Choice Gourmet, Inc. · No. 1:20-cv-05401
Judge
Stewart Aaron
Date
Nov. 24, 2020

Background

The case included claims under the Fair Labor Standards Act, a federal law governing certain wage and hour rights. On the parties’ consent, the matter had been referred to Magistrate Judge Stewart D. Aaron for disposition under 28 U.S.C. § 636(c).

Settlement Review

On November 24, 2020, the parties submitted a proposed settlement agreement and related papers. The court reviewed the proposed agreement and found it fair and reasonable, applying the standard referenced in Cheeks v. Freeport Pancake House, Inc. The opinion does not state the settlement’s specific terms.

Ruling and Disposition

Judge Stewart D. Aaron approved the settlement. The court dismissed the action with prejudice and without costs, except as may be stated in the settlement agreement. “With prejudice” means the action cannot be refiled. 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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