Perez v. Standup 236 LLC
- Sarah Cave
- 1:22-cv-06821
- U.S. District Court · Southern District of New York
- 2
In Perez v. Standup 236 LLC, Judge Cave approved the FLSA settlement, dismissed the action with prejudice, and retained jurisdiction to enforce it.
The settlement approval affected plaintiffs Francisco Perez and Elisario Perez and defendants Standup 236 LLC doing business as Stand Up NY, Dani Zoldan, and Gabriel Waldman. The action was dismissed with prejudice, subject to the settlement agreement, and the court retained jurisdiction to enforce that agreement.
What happened
Francisco Perez and Elisario Perez brought a wage-and-hour case under the Fair Labor Standards Act against Standup 236 LLC, Dani Zoldan, and Gabriel Waldman. The parties asked the court to review their proposed settlement.
The court reviewed the agreement and supporting materials, including the allocation of attorneys’ fees and costs. It found that all settlement terms appeared fair and reasonable and approved the agreement; the parties also confirmed that the agreement had been translated into Spanish for the plaintiffs before they signed it.
Judge Sarah L. Cave dismissed the action with prejudice and without costs except as provided in the agreement. She retained jurisdiction to enforce the agreement, found any pending motions moot, directed the clerk to mark the settlement motion granted, and ordered the case closed.
The detailed version
- Perez v. Standup 236 LLC · No. 1:22-cv-06821
- Sarah Cave
- July 7, 2023
Background
Francisco Perez and Elisario Perez were the plaintiffs in a wage-and-hour action under the Fair Labor Standards Act (FLSA). The defendants were Standup 236 LLC doing business as Stand Up NY, Dani Zoldan, and Gabriel Waldman. The parties consented to Judge Cave’s authority to review the proposed settlement under 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73.
The parties submitted a joint letter-motion seeking approval of their proposed settlement and a proposed settlement agreement. At the court’s request, they confirmed that the agreement had been translated into Spanish for the plaintiffs before execution and submitted a copy of the executed stipulation of dismissal.
Settlement approval
The court reviewed the motion, agreement, and accompanying exhibits under the required review for FLSA settlements. It found that all terms of the agreement, including the allocation of attorneys’ fees and costs, appeared fair and reasonable under the circumstances. The court therefore approved the agreement.
Disposition
The court dismissed the action with prejudice and without costs except as provided in the agreement. It retained jurisdiction to enforce the agreement, found any pending motions moot, directed the clerk to mark the settlement motion, ECF No. 28, as granted, and ordered the case closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.