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S.D.N.Y.Procedural orderFiled Apr. 1, 2021

Polanco v. 70 Sherman Dry Cleaners Inc.

Judge
Robert Lehrburger
Docket
1:20-cv-07453
Court
U.S. District Court · Southern District of New York
Pages
2
EmploymentFlsaCivil Procedure
In one sentence

In Polanco v. 70 Sherman Dry Cleaners Inc., Judge Lehrburger approved the wage-claim settlement and dismissed the case with prejudice.

Who this affects

Juan Polanco and the defendants in the action; the case was ended under the approved settlement.

What happened

Polanco v. 70 Sherman Dry Cleaners Inc. was a case in which Juan Polanco sought damages under the Fair Labor Standards Act and New York Labor Law. The parties asked the court to approve their settlement agreement.

The court reviewed the agreement and the parties’ letter, considering the risks and costs of continuing the case, possible recovery, bargaining process, attorneys’ fees, and possible fraud or collusion. It found the agreement fair and reasonable, noting that it had no confidentiality or non-disparagement restrictions, released only wage-and-hour claims, and provided attorneys’ fees within an acceptable range.

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. The court 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
Polanco v. 70 Sherman Dry Cleaners Inc. · No. 1:20-cv-07453
Judge
Robert Lehrburger
Date
Apr. 1, 2021

Background

Juan Polanco brought an action for damages under the Fair Labor Standards Act, a federal wage-and-hour law, and the New York Labor Law against 70 Sherman Dry Cleaners Inc. and other defendants. The parties jointly asked the court to approve their Settlement Agreement and Release of Wage and Hour Claims. The fully signed agreement was submitted on April 1, 2021.

Settlement Review

The court explained that it had to determine whether the settlement of the Fair Labor Standards Act case was fair, reasonable, and reached through arm’s-length negotiations rather than employer overreaching. It reviewed the agreement and the parties’ letter, considering the prior proceedings, the risks, burdens, and costs of continuing the case, the possible range of recovery, the bargaining process, attorneys’ fees, and the possibility of fraud or collusion.

The court noted that the agreement contained no confidentiality or non-disparagement restrictions, that its release was narrowly limited to wage-and-hour claims, and that the attorneys’ fees fell within a fair and reasonable 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 Clerk of Court was directed to terminate all motions and deadlines and close the case. Robert W. Lehrburger entered the order as the United States Magistrate Judge.

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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