Cruz v. Brooklyn Terrace, LLC
- Stewart Aaron
- 1:21-cv-03842
- U.S. District Court · Southern District of New York
- 2
In Cruz v. Brooklyn Terrace, Judge Aaron preliminarily approved the Fair Labor Standards Act settlement but required signatures and a corrected payment figure before final approval.
Maria Cruz, Brooklyn Terrace, LLC, and Josh Teller. The parties were required to correct and sign the settlement agreement and submit it by December 7, 2021 before final approval could occur.
What happened
In Cruz v. Brooklyn Terrace, LLC, Maria Cruz brought claims under the Fair Labor Standards Act against Brooklyn Terrace, LLC and Josh Teller. After mediation, the parties reached a settlement in principle and submitted a proposed agreement to the court.
The court found the proposed settlement fair and reasonable and preliminarily approved it. But only Cruz had signed the submitted copy, and the agreement contained a typographical error listing an installment amount as $2,861.66 instead of $2,681.66.
Judge Stewart D. Aaron ordered the parties to correct the error and submit a fully signed settlement agreement by December 7, 2021. The court stated that final approval would await that submission.
The detailed version
- Cruz v. Brooklyn Terrace, LLC · No. 1:21-cv-03842
- Stewart Aaron
- Nov. 23, 2021
Background
Maria Cruz asserted claims under the Fair Labor Standards Act against Brooklyn Terrace, LLC and Josh Teller. After mediation, the parties reached a settlement in principle. The parties had consented to having United States Magistrate Judge Stewart D. Aaron decide the matter under 28 U.S.C. § 636(c).
Settlement Review
The parties submitted a proposed Settlement Agreement on November 22, 2021. Applying the standard that settlements in Fair Labor Standards Act cases must be fair and reasonable, the court found the proposed settlement fair and reasonable.
Ruling
The court preliminarily approved the settlement. It noted that only Maria Cruz had signed the copy submitted to the court. The court also required the parties to correct a typographical error in paragraph 6(a): the parenthetical installment amount should be $2,681.66, not $2,861.66. Judge Aaron ordered the parties to submit a fully executed Settlement Agreement by December 7, 2021, and stated that final approval would await that submission.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.