Shamis v. Solil Management, LLC

Background

Ilona Shamis brought claims against Solil Management, LLC, Jane Goldman, and other identified and unidentified defendants. She sought damages for unpaid wages under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL), as well as alleged violations of New York’s Wage Theft Prevention Act.

On July 12, 2021, the parties reported that they had reached a settlement. The settlement was submitted for approval under the requirement recognized in Cheeks v. Freeport Pancake House, Inc. that certain wage settlements receive judicial review. The court referred the matter to Magistrate Judge Ona T. Wang for a report and recommendation.

Report and Recommendation

Judge Wang’s December 1, 2022 Report and Recommendation advised awarding Shamis $1,346.16 and her counsel $673.08 in attorneys’ fees, for a total settlement amount of $2,019.24. The parties did not object to the recommendation.

When no timely objection is made to a magistrate judge’s recommendation, the district court reviews the record for clear error. Clear-error review asks whether the record plainly shows a mistake. Judge Broderick conducted that review and found no clear error.

Ruling

Judge Broderick agreed that the proposed settlement was fair and reasonable and adopted Judge Wang’s Report and Recommendation in its entirety. The court approved the parties’ settlement, including the settlement amount, and directed the Clerk of Court to close all outstanding motions on the docket. The order approved the settlement; it did not decide the underlying wage claims after a trial or other merits determination.