Borshchevskiy v. Century Development Properties LLC
- Stewart Aaron
- 1:21-cv-08625
- U.S. District Court · Southern District of New York
- 2
In Borshchevskiy v. Century Development Properties, Judge Aaron approved the parties’ Fair Labor Standards Act settlement and discontinued the action, subject to a 30-day restoration period.
The parties to Sergiy Borshchevskiy’s Fair Labor Standards Act action, including Century Development Properties LLC and the other defendants named in the case.
What happened
In Borshchevskiy v. Century Development Properties LLC, the parties asked the court to approve a settlement resolving claims under the Fair Labor Standards Act. The court reviewed the proposed agreement and found it fair and reasonable.
The court noted a typographical error stating that two checks totaled “Twenty Thousand Dollars ($40,000),” but found that the checks actually totaled $40,000, matching the settlement amount in the agreement.
Judge Stewart D. Aaron approved the settlement and discontinued the case without costs, except as provided in the agreement. The case could be restored within 30 days; otherwise, the dismissal would be with prejudice. The court retained jurisdiction to enforce the settlement.
The detailed version
- Borshchevskiy v. Century Development Properties LLC · No. 1:21-cv-08625
- Stewart Aaron
- Jan. 28, 2022
Background
The case included claims under the Fair Labor Standards Act. On January 11, 2022, the parties submitted a motion seeking approval of their settlement, and they refiled it on January 28, 2022. The parties had consented to have the magistrate judge decide the matter under 28 U.S.C. § 636(c).
Settlement Review
After reviewing the proposed settlement, the court found that it was fair and reasonable under the standard discussed in Cheeks v. Freeport Pancake House, Inc. The court also identified a typographical error in paragraph 1(A)(i) of the agreement, which referred to checks totaling “Twenty Thousand Dollars ($40,000).” The court found that the two checks totaled $40,000, matching the settlement sum stated elsewhere in the agreement.
Ruling
Judge Stewart D. Aaron approved the settlement. The action was discontinued without costs, except as stated in the settlement agreement, and without prejudice to restoring the action to the court’s docket if an application was made within 30 days. If no timely restoration application was made, the dismissal would be with prejudice. The court retained jurisdiction to enforce the settlement agreement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.