Villanueva v. New HDM, Inc.
- Katharine Parker
- 1:20-cv-05402
- U.S. District Court · Southern District of New York
- 2
In Villanueva v. New HDM, Inc., Judge Parker approved the settlement and discontinued the case with prejudice and without costs.
Villanueva, New HDM, Inc., the other defendants, and plaintiff’s counsel are affected by the approved settlement and the case’s closure.
What happened
Villanueva v. New HDM, Inc. was an action under the Fair Labor Standards Act and New York Labor Law. The parties reached an agreement in principle and asked the court to approve their proposed settlement.
The court found the settlement fair, reasonable, and adequate, including its payment for the plaintiff’s legal fees. The court also agreed to retain jurisdiction to enforce the settlement if necessary.
Judge Katharine H. Parker ordered the action discontinued with prejudice and without costs and directed the Clerk to close the case. The plaintiff may ask to restore the case within 30 days if the written settlement documentation is not completed.
The detailed version
- Villanueva v. New HDM, Inc. · No. 1:20-cv-05402
- Katharine Parker
- Feb. 26, 2021
Background
Villanueva brought this action under the Fair Labor Standards Act and the New York Labor Law against New HDM, Inc. and other defendants. The parties consented to the court’s authority under 28 U.S.C. § 636(c). After reaching an agreement in principle, they submitted a proposed settlement for judicial approval, along with a letter explaining why they believed the agreement was fair, reasonable, and adequate.
Settlement Review
Because the action included claims under the Fair Labor Standards Act, the court reviewed the settlement for fairness. The court considered the parties’ submissions, the settlement terms, the parties’ explanations, and the court’s familiarity with the strengths and weaknesses of their positions. It found that the agreement was fair, reasonable, and adequate both to address Villanueva’s claims and to compensate plaintiff’s counsel for legal fees.
Ruling and Disposition
The court approved the proposed settlement. It retained jurisdiction to enforce the agreement if necessary. The court ordered that the action be discontinued with prejudice and without costs, while allowing Villanueva to apply by letter within 30 days to restore the action to the active calendar if any part of the written settlement documentation was not completed. The Clerk of Court was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.