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S.D.N.Y.Procedural orderFiled June 11, 2021

Leon v. Pongsri Thai Restaurant Corp.

Judge
Robert Lehrburger
Docket
1:19-cv-10655
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaEmploymentCivil Procedure
In one sentence

In Leon v. Pongsri Thai Restaurant Corp., Magistrate Judge Lehrburger approved the settlement and dismissed the case with prejudice.

Who this affects

Felix Leon, Pongsri Thai Restaurant Corp., and the other defendants were affected: the settlement was approved and the entire case was dismissed and discontinued with prejudice.

What happened

Leon v. Pongsri Thai Restaurant Corp. was a wage-and-hour case under the Fair Labor Standards Act and New York Labor Law. The parties jointly 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, negotiation process, attorney fees, and potential fraud or collusion. It found the agreement fair and reasonable, noting that it had no confidentiality restrictions, had a mutual non-disparagement provision with exceptions, and narrowly released wage-and-hour claims.

Judge Robert W. 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
Leon v. Pongsri Thai Restaurant Corp. · No. 1:19-cv-10655
Judge
Robert Lehrburger
Date
June 11, 2021

Background

Felix Leon brought an action for damages under the Fair Labor Standards Act, a federal wage law, and the New York Labor Law against Pongsri Thai Restaurant Corp., doing business as Pongsri Thai Restaurant, and other defendants. The parties submitted a joint request for approval of their fully executed Settlement Agreement and Release of Claims.

Settlement Review

The court explained that a federal court must determine whether a settlement of a Fair Labor Standards Act case is fair and reasonable and resulted from arm’s-length negotiation rather than employer overreaching. The court had assisted in mediating the case and reviewed the settlement agreement and the parties’ letter.

In evaluating the agreement, the court considered, among other matters, prior proceedings, the risks, burdens, and costs of continuing the case, the possible range of recovery, whether the agreement resulted from arm’s-length bargaining, attorney fees, and the possibility of fraud or collusion. The court noted that the agreement contained no confidentiality restrictions, that its non-disparagement provision was mutual and included appropriate exceptions, that the release was narrowly limited to wage-and-hour claims, and that the attorney fees were within a fair and reasonable range.

Ruling

Judge Robert W. Lehrburger found the settlement agreement fair and reasonable and approved it. Because the case had been 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.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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