Avila v. Flor de Mayo, Inc.
- James Oetken
- 1:21-cv-06790
- U.S. District Court · Southern District of New York
- 1
In Avila v. Flor de Mayo, Judge Oetken approved the FLSA settlement and dismissed the case with prejudice.
Gaudecio Avila and the defendants in the settled FLSA case; the case was dismissed with prejudice after the settlement was approved.
What happened
In Avila v. Flor de Mayo, Inc., the parties told the court they had settled Gaudecio Avila’s Fair Labor Standards Act claims and asked the court to approve their agreement.
The proposed settlement provided $15,000 for Avila, with one-third of that amount designated for attorney’s fees and costs. The court found the agreement fair and reasonable.
Judge J. Paul Oetken approved the settlement, dismissed the case with prejudice, and kept jurisdiction only to resolve disputes arising from the settlement agreement. The clerk was directed to close the case.
The detailed version
- Avila v. Flor de Mayo, Inc. · No. 1:21-cv-06790
- James Oetken
- Aug. 11, 2022
Background
The parties notified the court that they had reached a settlement in this Fair Labor Standards Act (FLSA) case. They submitted a proposed settlement for court approval.
Settlement Terms
The proposed agreement provided for a total payment of $15,000 to be allocated to Plaintiff Gaudecio Avila in connection with his FLSA claims. One-third of the settlement sum was designated for attorney’s fees and costs.
Ruling
The court reviewed the proposed agreement and found it fair and reasonable under Cheeks v. Freeport Pancake House, Inc. The court approved the proposed settlement at Docket Number 36 and dismissed the case with prejudice. The court retained jurisdiction solely to resolve disputes arising from the settlement agreement and the settlement of the action. The clerk was directed to close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.