Rosado v. The French Paradox Inc.
- Vyskocil
- 1:20-cv-07788
- U.S. District Court · Southern District of New York
- 1
In Rosado v. The French Paradox, Judge Vyskocil approved a fair Fair Labor Standards Act settlement and dismissed the case with prejudice.
Diana M. Rosado, the defendants, and the other persons identified in the caption as similarly situated; the opinion does not state the settlement’s specific terms.
What happened
In Rosado v. The French Paradox Inc., Diana M. Rosado filed a Fair Labor Standards Act case individually and on behalf of other similarly situated persons. The parties submitted a proposed settlement agreement for court approval.
The court reviewed the agreement for fairness under the Fair Labor Standards Act and Second Circuit law. It found the settlement terms fair and reasonable, but did not specifically decide whether Rosado’s attorney’s hourly rates were reasonable.
Judge Mary Kay Vyskocil approved the amended settlement agreement and ordered that the case be dismissed with prejudice. The court also directed the clerk to terminate pending motions, adjourn remaining dates, and close the case.
The detailed version
- Rosado v. The French Paradox Inc. · No. 1:20-cv-07788
- Vyskocil
- Apr. 26, 2021
Background
Diana M. Rosado brought this Fair Labor Standards Act (FLSA) case individually and on behalf of other persons similarly situated against The French Paradox Inc., doing business as OCabanon, Armel Joly, and Alexandre Mur. The parties filed a fully signed proposed settlement agreement and asked the court to approve it.
Court’s Review
The court required the parties to revise the agreement to remove references to the court retaining jurisdiction over the agreement. After reviewing the revised agreement for fairness under the FLSA and Second Circuit law, the court concluded that its terms were fair and reasonable. The court expressly stated that it was not deciding whether the rates charged by Rosado’s attorney were reasonable.
Ruling
Judge Mary Kay Vyskocil approved the amended settlement agreement. The court ordered that the case be dismissed with prejudice, directed the clerk to terminate all pending motions and adjourn any remaining dates, and ordered the case closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.