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S.D.N.Y.Procedural orderFiled Feb. 10, 2021

Suarez v. Brasserie Felix, Inc.

Judge
Robert Lehrburger
Docket
1:19-cv-07210
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaEmploymentCivil Procedure
In one sentence

In Suarez v. Brasserie Felix, Inc., Judge Lehrburger approved the parties’ FLSA settlement and dismissed the case with prejudice.

Who this affects

The plaintiffs and defendants in the wage-and-hour action; the case was closed after the court approved their settlement.

What happened

Suarez v. Brasserie Felix, Inc. was a damages lawsuit 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 agreement and the parties’ letter, including the risks and costs of continuing, possible recovery, attorney’s fees, and the possibility of fraud or collusion. It found the settlement fair and reasonable.

Judge Lehrburger approved the settlement and dismissed and discontinued the entire case with prejudice, without costs or fees to any party except as provided in the settlement agreement. He also directed the Clerk of Court to terminate pending motions and deadlines and close the case.

The detailed version

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

Case
Suarez v. Brasserie Felix, Inc. · No. 1:19-cv-07210
Judge
Robert Lehrburger
Date
Feb. 10, 2021

Background

The plaintiffs brought an action for damages under the Fair Labor Standards Act (FLSA), 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 negotiations rather than employer overreaching. In reviewing the agreement, the court considered prior proceedings, the risks, burdens, and costs of continuing the case, the possible recovery, whether the agreement resulted from arm’s-length bargaining between experienced counsel or the parties, attorney’s fees, and the possibility of fraud or collusion.

The court noted that the agreement contained no confidentiality restrictions or non-disparagement provisions, 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

Because the case was resolved by settlement, the court dismissed and discontinued it in its entirety, with prejudice, without costs or fees to any party except as provided in the settlement agreement. The court requested that the Clerk of Court 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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