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S.D.N.Y.Procedural orderFiled June 22, 2022

Martinez v. Bismillah Bawarchi Inc

Judge
Willis
Docket
1:20-cv-04987
Court
U.S. District Court · Southern District of New York
Pages
3
FlsaCivil Procedure
In one sentence

Martinez v. Bismallah Bawarchi, Judge Willis approved the wage settlement and discontinued the action with prejudice and without costs.

Who this affects

Isais Flores Martinez, the defendants, and Martinez’s counsel were affected by approval of the proposed settlement. The action was discontinued with prejudice and without costs, subject to Martinez’s 30-day opportunity to seek restoration if the settlement documentation was not completed.

What happened

In Isais Flores Martinez v. Bismallah Bawarchi Inc., Isais Flores Martinez brought claims under the federal Fair Labor Standards Act and New York Labor Law, individually and for others similarly situated. The parties reached an agreement in principle and asked the court to approve their proposed settlement.

The court reviewed the parties’ submissions and determined that the settlement was fair, reasonable, and adequate to address Martinez’s claims and compensate his lawyer for legal fees. The court did not include the settlement’s terms in its order and did not retain authority to enforce the agreement.

Judge Jennifer E. Willis approved the settlement. The action was discontinued with prejudice and without costs, and the clerk was directed to close the case. Martinez could ask to restore the action to the active calendar within 30 days if any part of the settlement’s written documentation was not completed.

The detailed version

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

Case
Martinez v. Bismillah Bawarchi Inc · No. 1:20-cv-04987
Judge
Willis
Date
June 22, 2022

Background

Isais Flores Martinez brought this action under the Fair Labor Standards Act, a federal wage-and-hour law, and the New York Labor Law. He sued individually and on behalf of others similarly situated. The parties consented to the authority of Magistrate Judge Jennifer E. Willis to decide the case.

The parties reached an agreement in principle to resolve the action and submitted a proposed settlement for judicial approval. Because the case involved claims under the Fair Labor Standards Act, the court reviewed whether the settlement was fair, reasonable, and adequate. The parties also submitted a letter explaining why they believed the settlement met that standard.

Court’s Analysis

After reviewing the parties’ submissions, the court found that the proposed settlement was fair, reasonable, and adequate both to address Martinez’s claims and to compensate his counsel for legal fees. The opinion does not disclose the settlement amount or other substantive settlement terms.

The court stated that its order did not incorporate the settlement agreement. The agreement also did not provide that the court would retain jurisdiction to enforce it, and the court made no independent decision to retain that jurisdiction. The court therefore explained that its approval of the settlement should not be understood as retaining authority to enforce the agreement.

Disposition

The court approved the proposed settlement. As a result, the action was discontinued with prejudice and without costs. The order provided that, if any aspect of the settlement’s written documentation was not completed within 30 days of the order, Martinez could apply by letter to restore the action to the court’s active calendar. The clerk was requested to close the case on the docket.

Classification

This is a procedural order because the court approved a settlement and discontinued the action without deciding the underlying wage claims on their merits.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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