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S.D.N.Y.Procedural orderFiled Nov. 4, 2022

Hoyos v. Milio

Judge
Gabriel Gorenstein
Docket
1:22-cv-01982
Court
U.S. District Court · Southern District of New York
Pages
1
EmploymentFlsaCivil Procedure
In one sentence

Hoyos v. Millo: Magistrate Judge Gorenstein approved the Fair Labor Standards Act settlement and dismissed the case with prejudice.

Who this affects

The parties to the Fair Labor Standards Act action, including Rodolfo Hoyos and Filippo Millo et al.

What happened

In Hoyos v. Millo, the parties agreed to settle claims under the Fair Labor Standards Act and submitted their proposed settlement to the court for review.

The court found the settlement fair and reasonable and approved it. The case was dismissed with prejudice and without costs except as provided in the settlement agreement; the court kept authority to enforce the settlement, and any pending motions were declared moot.

Magistrate Judge Gabriel W. Gorenstein ordered the Clerk to close the case.

The detailed version

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

Case
Hoyos v. Milio · No. 1:22-cv-01982
Judge
Gabriel Gorenstein
Date
Nov. 4, 2022

Background

The case included claims under the Fair Labor Standards Act. The parties had consented to have United States Magistrate Judge Gabriel W. Gorenstein decide the matter. They submitted a proposed settlement agreement dated November 3, 2022.

Settlement Approval

The court reviewed the proposed settlement under Cheeks v. Freeport Pancake House, Inc., a Second Circuit decision requiring judicial review of certain Fair Labor Standards Act settlements. The court found that the settlement was fair and reasonable and approved it.

Disposition

The court dismissed the action with prejudice and without costs, except as the settlement agreement might provide. It retained jurisdiction to enforce the settlement agreement, declared any pending motions moot, and requested that the Clerk close the case.

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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