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S.D.N.Y.Procedural orderFiled Aug. 25, 2022

Arriaga v. Kim

Judge
Andrew Carter
Docket
1:21-cv-00159
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureClass Action
In one sentence

In Arriaga v. Kim, Judge Carter approved the parties’ settlement and dismissed the case with prejudice.

Who this affects

The settlement and dismissal affect David Jonatan Arriaga, the defendants CJ Restaurant Company Inc., Eun Kyung Kim, and Cheon Koo Cho, and any others covered by the settlement.

What happened

In Arriaga v. Kim, David Jonatan Arriaga sued CJ Restaurant Company Inc., Eun Kyung Kim, and Cheon Koo Cho individually and on behalf of others similarly situated.

The parties submitted a settlement agreement and asked the court to approve it. The opinion does not describe the settlement’s specific terms.

After reviewing the agreement, Judge Andrew L. Carter, Jr. found it fair and reasonable, approved it, and ordered the entire case dismissed with prejudice, without fees or costs except as the parties agreed.

The detailed version

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

Case
Arriaga v. Kim · No. 1:21-cv-00159
Judge
Andrew Carter
Date
Aug. 25, 2022

Background

David Jonatan Arriaga brought the case individually and on behalf of others similarly situated against CJ Restaurant Company Inc., doing business as Delicacy, Eun Kyung Kim, and Cheon Koo Cho. The opinion does not identify the claims underlying the lawsuit.

Settlement Review

The parties filed a Settlement Agreement and Release and a motion asking the court to approve it. The court reviewed the agreement as required by Cheeks v. Freeport Pancake House, Inc. The opinion does not provide the agreement’s terms.

Ruling

The court found the settlement fair and reasonable and approved it. Judge Andrew L. Carter, Jr. ordered the entire case dismissed with prejudice, without fees or costs except as agreed to by the parties.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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