Hernandez v. 1268 2nd Ave LLC
- Gabriel Gorenstein
- 1:22-cv-07037
- U.S. District Court · Southern District of New York
- 1
In Hernandez v. 1268 2nd Ave LLC, Judge Gorenstein approved the fair settlement, dismissed the Fair Labor Standards Act action with prejudice, and retained enforcement jurisdiction.
The parties to the Fair Labor Standards Act action—Carlos Huber Hernandez, 1268 2nd Ave LLC, and the other defendants—are bound by the approved settlement and the dismissal.
What happened
Carlos Huber Hernandez sued 1268 2nd Ave LLC and other defendants in a case involving claims under the Fair Labor Standards Act. The parties agreed that Magistrate Judge Gabriel W. Gorenstein could decide the case.
The parties submitted a proposed settlement agreement on April 28, 2023. After reviewing it under the required standard, the court found the settlement fair and reasonable and approved it.
Judge Gorenstein dismissed the action with prejudice and without costs, except as provided in the settlement agreement. The court retained jurisdiction to enforce the settlement, declared any pending motions moot, and directed the Clerk to close the case.
The detailed version
- Hernandez v. 1268 2nd Ave LLC · No. 1:22-cv-07037
- Gabriel Gorenstein
- May 1, 2023
Background
The action included claims under the Fair Labor Standards Act. On January 4, 2023, the parties consented to have the matter decided by United States Magistrate Judge Gabriel W. Gorenstein under 28 U.S.C. § 636(c).
Settlement Review
The parties submitted a proposed settlement agreement in a filing dated April 28, 2023. The court reviewed the agreement under Cheeks v. Freeport Pancake House, Inc., which requires judicial review of certain Fair Labor Standards Act settlements. The court found the agreement fair and reasonable and approved the settlement.
Disposition
Judge Gorenstein ordered that the action be dismissed with prejudice and without costs, except as may be stated in the settlement agreement. The court retained jurisdiction to enforce the settlement agreement. Any pending motions were declared moot, and 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.