Acevedo v. Urban Management LLC
- Barbara Moses
- 1:19-cv-09449
- U.S. District Court · Southern District of New York
- 2
In Acevedo v. Urban Management LLC, Judge Moses approved the parties’ $60,000 settlement and dismissed the action with prejudice.
Apolinar Acevedo and defendants Urban Management LLC, 160-166 Morningside Ave. Realty LLC, and John Schroeder were affected. The defendants must pay Acevedo $60,000 under the approved settlement, and the action is dismissed with prejudice.
What happened
In Acevedo v. Urban Management LLC, Apolinar Acevedo and the defendants asked the court to approve their completed settlement of claims under the Fair Labor Standards Act and New York Labor Law.
Urban Management LLC, 160-166 Morningside Ave. Realty LLC, and John Schroeder agreed to pay Acevedo $60,000 within ten business days after approval. Acevedo would receive all of the settlement money, and the Legal Aid Society did not seek fees. The agreement also included mutual releases, no admission of liability, and a neutral employment-reference provision.
Judge Barbara Moses found the settlement’s financial and nonfinancial terms fair and reasonable, approved it, and dismissed the action with prejudice. The clerk was directed to close the case.
The detailed version
- Acevedo v. Urban Management LLC · No. 1:19-cv-09449
- Barbara Moses
- Apr. 12, 2022
Background
The court reviewed the parties’ joint request to approve their fully executed Settlement Agreement under the required review process for certain Fair Labor Standards Act (FLSA) settlements. The agreement settled Apolinar Acevedo’s claims under the FLSA and the New York Labor Law.
The settlement terms were negotiated during a judicially supervised settlement conference before Judge Moses on December 14, 2021. The parties later consented to Judge Moses’s jurisdiction for all purposes.
Settlement Terms
Urban Management LLC, 160-166 Morningside Ave. Realty LLC, and John Schroeder agreed to pay Acevedo a total of $60,000 within ten business days after court approval. The entire settlement payment would go to Acevedo. The Legal Aid Society, which represented him, did not seek attorneys’ fees.
The agreement contained bilateral general releases, meaning each side released specified claims against the other; a clause stating that the defendants did not admit liability; and a requirement that the defendants provide a neutral employment reference. It did not contain a confidentiality clause, a restriction on Acevedo’s speech, or a prohibition on rehiring.
Ruling and Disposition
The court concluded that both the economic and noneconomic terms were fair and reasonable. The proposed settlement was APPROVED. The action was DISMISSED with prejudice, and the clerk was directed to close the case.
This order approved the settlement and ended the action; it did not decide the underlying FLSA or New York Labor Law claims after a trial or merits ruling.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.