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S.D.N.Y.Procedural orderFiled Oct. 17, 2022

Rodriguez v. 2324 Morris Avenue Realty LLC

Judge
Vyskocil
Docket
1:21-cv-06542
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

In Rodriguez v. 2324 Morris Avenue Realty, Judge Vyskocil approved a fair settlement and ordered the case dismissed with prejudice.

Who this affects

Ricardo Rodriguez and the named defendants are affected. The approved settlement resolved the case, which was dismissed with prejudice.

What happened

In Rodriguez v. 2324 Morris Avenue Realty LLC, the parties told the court they had agreed to settle the case and submitted the proposed agreement and supporting documents. The opinion does not describe the underlying claims.

The court reviewed the settlement for fairness under the Fair Labor Standards Act and Second Circuit law. It found the agreement fair and reasonable and said it resulted from arm’s-length negotiations between parties represented by experienced lawyers after mediation.

Judge Mary Kay Vyskocil approved the settlement and ordered the case dismissed with prejudice. She specifically did not express an opinion on whether the plaintiff’s attorney’s billing rates were reasonable. The clerk was directed to terminate pending motions, adjourn remaining dates, and close the case.

The detailed version

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

Case
Rodriguez v. 2324 Morris Avenue Realty LLC · No. 1:21-cv-06542
Judge
Vyskocil
Date
Oct. 17, 2022

Background

The parties informed the court that they had reached an agreement to settle the case. They filed the proposed settlement agreement and documents supporting its fairness.

Court’s Review

The court reviewed the settlement under the Fair Labor Standards Act and Second Circuit law, citing Cheeks v. Freeport Pancake House. Considering the total circumstances, the court found that the settlement was fair and reasonable. It also found that the agreement resulted from arm’s-length negotiations by parties represented by experienced counsel after mediation with a retired magistrate judge.

The court stated that its approval did not express an opinion on the reasonableness of the rates charged by the attorney representing the plaintiff.

Disposition

The settlement was approved, and the court ordered that the case be dismissed with prejudice. The clerk was requested to terminate all pending motions, adjourn any remaining dates, and close the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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