Marquez de la Cruz v. Estrellita Poblana, Inc.
- Gabriel Gorenstein
- 1:20-cv-05437
- U.S. District Court · Southern District of New York
- 1
In Marquez de la Cruz v. Estrellita Poblana, Judge Gorenstein approved the settlement, dismissed the case with prejudice, and retained jurisdiction to enforce it.
The plaintiffs and defendants in this Fair Labor Standards Act action, including the parties bound by the approved settlement agreement.
What happened
Marquez de la Cruz v. Estrellita Poblana involved claims under the Fair Labor Standards Act. The parties agreed that Judge Gabriel W. Gorenstein would decide the matter and submitted a proposed settlement.
After reviewing the agreement, the court found that it was fair and reasonable and approved it. The opinion does not describe the settlement’s terms.
Judge Gorenstein dismissed the case with prejudice and without costs except as provided in the settlement agreement. The court retained jurisdiction to enforce the settlement, declared pending motions moot, and directed the Clerk to close the case.
The detailed version
- Marquez de la Cruz v. Estrellita Poblana, Inc. · No. 1:20-cv-05437
- Gabriel Gorenstein
- Aug. 27, 2021
Background
The plaintiffs asserted claims under the Fair Labor Standards Act. On May 17, 2021, the parties consented to have the matter decided by Judge Gorenstein under 28 U.S.C. § 636(c). On August 26, 2021, they filed a proposed settlement agreement.
Settlement Review
The court reviewed the proposed agreement under Cheeks v. Freeport Pancake House, Inc., which requires review of certain Fair Labor Standards Act settlements. The court found that the settlement was fair and reasonable and approved it. The opinion does not state the agreement’s terms.
Disposition
Judge Gorenstein ordered that the action be dismissed with prejudice and without costs, except as may be stated in the settlement agreement. The court retained jurisdiction to enforce the settlement agreement. It also ruled that any pending motions were moot and requested that the Clerk close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.