Vinansaca v. Plotkin
- Paul Engelmayer
- 1:19-cv-10473
- U.S. District Court · Southern District of New York
- 2
In Vinansaca v. Plotkin, Judge Engelmayer approved the parties’ fair and reasonable settlement in a wage-law case.
Blanca Vinansaca, Howard Plotkin, and 521 W. 180th Street LLC.
What happened
In Vinansaca v. Plotkin, Blanca Vinansaca and defendants Howard Plotkin and 521 W. 180th Street LLC submitted a proposed settlement in an action under the federal Fair Labor Standards Act and New York Labor Law.
The agreement provided that Vinansaca would receive the full settlement amount, with no separate award of attorneys’ fees. The court found that the agreement was reached through fair procedures and was fair and reasonable.
Judge Paul A. Engelmayer approved the agreement. The court said it would terminate the case after the parties submitted the dismissal order described in the agreement, following defendants’ initial payment.
The detailed version
- Vinansaca v. Plotkin · No. 1:19-cv-10473
- Paul Engelmayer
- Dec. 3, 2020
Background Blanca Vinansaca brought this action under the Fair Labor Standards Act and New York Labor Law against Howard Plotkin and 521 W. 180th Street LLC. On December 2, 2020, the parties submitted a proposed settlement agreement and a supporting letter.
Settlement Review The court reviewed the agreement and concluded, substantially for the reasons given in the parties’ letter, that it was fair and reasonable. The agreement provided that Vinansaca would receive the full settlement amount and that there would be no award of attorneys’ fees. The court also found that the agreement had been reached through procedurally fair means and satisfied the standard for approving Fair Labor Standards Act settlements described in Cheeks v. Freeport Pancake House, Inc.
Ruling Judge Paul A. Engelmayer approved the settlement agreement. The court stated that it would terminate the case after the parties submitted the proposed dismissal order contemplated by the agreement. The parties were directed to submit that order promptly after defendants made the initial payment required as a condition of dismissal. The opinion does not state the settlement amount or enter the dismissal itself.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.