Martinez v. Triumph Construction Corp.
- James Oetken
- 1:21-cv-04137
- U.S. District Court · Southern District of New York
- 1
In Martinez v. Triumph Construction, Judge Oetken approved the FLSA settlement and dismissed the case with prejudice.
George Martinez and Triumph Construction Corp.; the settlement also concerns the attorney’s fees and costs identified in the proposed agreement.
What happened
In Martinez v. Triumph Construction Corp., the parties told the court they had settled George Martinez’s Fair Labor Standards Act claims and asked the court to approve their proposed agreement.
The agreement provided for $49,999 to be allocated to Martinez, with one-third collected as attorney’s fees and $540 in costs. The court found the settlement fair and reasonable and approved it.
Judge Oetken dismissed the case with prejudice, retained jurisdiction only to resolve disputes arising from the settlement, and directed the clerk to close the case.
The detailed version
- Martinez v. Triumph Construction Corp. · No. 1:21-cv-04137
- James Oetken
- Sept. 19, 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 settlement involved $49,999 to be allocated to Plaintiff George Martinez in connection with his FLSA claims. One-third of the settlement amount was designated as attorney’s fees, and costs were $540.
Court’s Ruling
The court reviewed the proposed settlement and found it fair and reasonable under Cheeks v. Freeport Pancake House, Inc. The court approved the settlement submitted at Docket Number 32 and dismissed the case with prejudice. It 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.