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

Paulino Calderon v. Tony Fruits & Grocery Corp.

Judge
Gabriel Gorenstein
Docket
1:20-cv-01954
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In Luis M. Paulino Calderon v. Tony Fruits, Judge Gorenstein approved the parties’ fair and reasonable Fair Labor Standards Act settlement and dismissed the case with prejudice.

Who this affects

The plaintiffs and defendants in this Fair Labor Standards Act action, whose approved settlement ended the case.

What happened

In Luis M. Paulino Calderon v. Tony Fruits & Grocery Corp., the parties submitted a proposed settlement resolving claims under the Fair Labor Standards Act.

The court reviewed the agreement and found it fair and reasonable. It approved the settlement and dismissed the action with prejudice and without costs, except as provided in the settlement agreement.

Judge Gabriel W. Gorenstein retained jurisdiction to enforce the settlement, declared any pending motions moot, and directed the Clerk to close the case.

The detailed version

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

Case
Paulino Calderon v. Tony Fruits & Grocery Corp. · No. 1:20-cv-01954
Judge
Gabriel Gorenstein
Date
May 21, 2021

Background

The case included claims under the Fair Labor Standards Act. The parties had agreed to have the matter decided by Magistrate Judge Gabriel W. Gorenstein under 28 U.S.C. § 636(c). They submitted a proposed settlement agreement in a May 20, 2021 filing.

Court’s analysis

The court reviewed the proposed settlement under Cheeks v. Freeport Pancake House, Inc., which requires court review of certain Fair Labor Standards Act settlements. The court found that the agreement was fair and reasonable.

Ruling

The court approved the settlement. It dismissed the action with prejudice and without costs, except as stated in the settlement agreement. The court retained jurisdiction to enforce the settlement agreement, ruled that any pending motions were moot, and directed the Clerk to close the case.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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