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S.D.N.Y.Procedural orderFiled Jan. 3, 2022

Fernandez v. HR Parking Inc

Judge
Gabriel Gorenstein
Docket
1:16-cv-02762
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In Fernandez v. HR Parking, Judge Gorenstein approved the parties’ wage-law settlement, dismissed the action with prejudice, and retained jurisdiction to enforce it.

Who this affects

The parties to the Fair Labor Standards Act action are affected by the approved settlement and dismissal with prejudice. The court retained jurisdiction to enforce the settlement agreement.

What happened

In Fernandez v. HR Parking Inc., the parties submitted a proposed settlement resolving claims under the Fair Labor Standards Act, a federal wage-and-hour law.

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

Judge Gorenstein retained jurisdiction to enforce the settlement agreement and directed the Clerk to close the case.

The detailed version

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

Case
Fernandez v. HR Parking Inc · No. 1:16-cv-02762
Judge
Gabriel Gorenstein
Date
Jan. 3, 2022

Background

The case included claims under the Fair Labor Standards Act. The parties had consented to have the matter decided by United States Magistrate Judge Gabriel W. Gorenstein. In a December 29, 2021 filing, they submitted a proposed settlement agreement.

Ruling

The court reviewed the proposed settlement under Cheeks v. Freeport Pancake House, Inc., as required for certain settlements of Fair Labor Standards Act claims. The court found the agreement fair and reasonable and approved it.

The court dismissed the action with prejudice and without costs, except as provided in the settlement agreement. It 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.

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