Nunez v. 2103 Honeywell LLC
- Vyskocil
- 1:21-cv-00601
- U.S. District Court · Southern District of New York
- 2
In Nunez v. 2103 Honeywell LLC, Judge Vyskocil approved the Fair Labor Standards Act settlement and dismissed the case with prejudice.
The order concerns Agustin Antonio Hiciano Nunez, Jose Ayende, others similarly situated, and defendants 2103 Honeywell LLC, Lineage Properties, Ephriam Fruchthandler, and Eli Fruchthandler.
What happened
Nunez v. 2103 Honeywell LLC involved Agustin Antonio Hiciano Nunez and Jose Ayende, individually and on behalf of others similarly situated, against 2103 Honeywell LLC and three other defendants. The parties told the court they had reached a settlement and submitted the proposed agreement and supporting documents.
The court reviewed the settlement for fairness under the Fair Labor Standards Act and Second Circuit law. It found that the settlement was fair and reasonable and resulted from arm’s-length negotiations through mediation involving parties represented by experienced counsel.
Judge Mary Kay Vyskocil approved the settlement and ordered that the case be dismissed with prejudice. The court also directed the Clerk to terminate pending motions, adjourn remaining dates, and close the case. The court did not specifically assess whether the plaintiffs’ attorney’s billing rates were reasonable.
The detailed version
- Nunez v. 2103 Honeywell LLC · No. 1:21-cv-00601
- Vyskocil
- Oct. 17, 2022
Background
The plaintiffs were Agustin Antonio Hiciano Nunez and Jose Ayende, individually and on behalf of others similarly situated. The defendants were 2103 Honeywell LLC, Lineage Properties, Ephriam Fruchthandler, and Eli Fruchthandler. The parties informed the court that they had reached an agreement to settle and filed the proposed settlement agreement and documents supporting its fairness.
Settlement Review
The court reviewed the proposed settlement for fairness under the Fair Labor Standards Act and applicable Second Circuit law. Considering the totality of the circumstances, the court found that the settlement was fair and reasonable. It also found that the agreement resulted from arm’s-length negotiations conducted through mediation while the parties were represented by experienced counsel.
The court stated that its approval did not include a specific opinion about the reasonableness of the rates charged by the attorney representing the plaintiffs.
Ruling
Judge Mary Kay Vyskocil approved the settlement and ordered that the case be dismissed with prejudice. The court requested that the Clerk terminate all pending motions, adjourn any remaining dates, and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.