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S.D.N.Y.Procedural orderFiled Mar. 28, 2022

Sotoy v. Tiberias for Students LLC

Judge
Katharine Parker
Docket
1:21-cv-07264
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaEmploymentCivil Procedure
In one sentence

In Sotoy v. Tiberias, Judge Parker approved the parties’ settlement and discontinued the Fair Labor Standards Act case with prejudice and without costs.

Who this affects

Rogelio Sotoy, the defendants Tiberias for Students LLC, Sternbach Holdings, LLC, Ohrel Sternbach, and Elrom Sternbach, and Sotoy’s counsel were affected by the settlement approval and closure of the action.

What happened

Sotoy v. Tiberias for Students LLC was an action under the Fair Labor Standards Act and New York Labor Law. The parties reached an agreement in principle to resolve the action and asked the court to approve their proposed settlement.

The court reviewed the settlement agreement, the parties’ explanation of its fairness, and the strengths and weaknesses of their positions as shown during a settlement conference. The court found the agreement fair, reasonable, and adequate to address the plaintiff’s claims and compensate the plaintiff’s lawyer for legal fees.

Judge Katharine H. Parker approved the settlement. The court retained jurisdiction to enforce it if necessary, discontinued the action with prejudice and without costs, and directed the Clerk of Court to close the case.

The detailed version

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

Case
Sotoy v. Tiberias for Students LLC · No. 1:21-cv-07264
Judge
Katharine Parker
Date
Mar. 28, 2022

Background

Rogelio Sotoy brought the action individually and on behalf of others similarly situated against Tiberias for Students LLC, Sternbach Holdings, LLC, Ohrel Sternbach, and Elrom Sternbach. The claims arose under the Fair Labor Standards Act and the New York Labor Law. The parties consented to the court’s authority under 28 U.S.C. § 636(c).

The parties reached an agreement in principle and submitted a proposed settlement for judicial approval. They also submitted a letter explaining why they believed the agreement was fair, reasonable, and adequate. The court reviewed the parties’ submissions, the settlement terms, and the strengths and weaknesses of their positions as shown during an arms-length settlement conference conducted by the court.

Ruling

Judge Katharine H. Parker found that the proposed settlement was fair, reasonable, and adequate both to address Sotoy’s claims and to compensate his counsel for legal fees. The court therefore approved the agreement.

At the parties’ request, the United States District Court for the Southern District of New York retained jurisdiction to enforce the settlement agreement if necessary. Because the court approved the settlement, it ordered that the action be discontinued with prejudice and without costs. The Clerk of Court was directed to close the case.

The authoritative version

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

Open opinion PDF →
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