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S.D.N.Y.Procedural orderFiled Jan. 21, 2021

Lazo Lazo v. Gender Bias, Inc.

Judge
Robert Lehrburger
Docket
1:19-cv-08572
Court
U.S. District Court · Southern District of New York
Pages
2
EmploymentFlsaCivil Procedure
In one sentence

In Lazo Lazo v. Gender Bias, Inc., Judge Lehrburger approved the parties’ FLSA settlement and dismissed the case with prejudice.

Who this affects

The settlement resolved Maria Juana Lazo Lazo’s wage-and-hour claims against Gender Bias, Inc., and the other defendants named in the case. The case was dismissed and discontinued in its entirety with prejudice.

What happened

Maria Juana Lazo Lazo sued Gender Bias, Inc., and others for damages under the Fair Labor Standards Act and New York Labor Law. The parties jointly asked the court to approve their settlement.

The court reviewed the settlement and considered the risks and costs of continuing the case, possible recovery, attorney’s fees, and the possibility of fraud or collusion. It noted that the agreement had no confidentiality or non-disparagement restrictions, narrowly released wage-and-hour claims, and provided attorney’s fees within a fair and reasonable range.

Judge Robert W. Lehrburger found the settlement fair and reasonable and approved it. Because the case was resolved by settlement, he dismissed and discontinued the entire case with prejudice, without costs or fees to any party except as provided in the settlement agreement.

The detailed version

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

Case
Lazo Lazo v. Gender Bias, Inc. · No. 1:19-cv-08572
Judge
Robert Lehrburger
Date
Jan. 21, 2021

Background

The action sought damages under the Fair Labor Standards Act, a federal wage-and-hour law, and the New York Labor Law. The parties submitted a joint request for approval of their fully executed settlement agreement.

Settlement Review

The court explained that it had to determine whether the settlement was fair and reasonable and resulted from arm’s-length negotiation rather than employer overreaching. It reviewed the settlement agreement and the parties’ letter, considering the prior proceedings, the risks, burdens, and costs of continuing the action, the possible recovery, whether the agreement resulted from arm’s-length bargaining, the attorney’s fees, and the possibility of fraud or collusion.

The court noted that the agreement contained no confidentiality or non-disparagement restrictions, limited the release to wage-and-hour claims, and provided attorney’s fees within a fair, reasonable, and acceptable range. The court found the settlement fair and reasonable and approved it.

Disposition

Judge Robert W. Lehrburger ordered that the case, having been resolved by settlement, be dismissed and discontinued in its entirety, with prejudice, without costs or fees to any party except as provided in the settlement agreement. The Clerk of Court was asked to terminate all motions and deadlines and close the case.

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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