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S.D.N.Y.Procedural orderFiled Aug. 30, 2023

Vazquez v. America's Finest Deli Corp.

Judge
Robert Lehrburger
Docket
1:22-cv-07205
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaEmploymentCivil Procedure
In one sentence

In Vazquez v. America's Finest Deli Corp., Judge Lehrburger approved the parties’ settlement and dismissed the wage case with prejudice.

Who this affects

Cesario Vazquez and the defendants, including America’s Finest Deli Corp., were affected by approval of the settlement and dismissal of the entire case with prejudice.

What happened

Cesario Vazquez sued America’s Finest Deli Corp. and other defendants for damages under the Fair Labor Standards Act and New York Labor Law. The parties jointly asked the court to approve their settlement.

The court reviewed the settlement and the parties’ letter, considering the risks and costs of continuing the case, possible recovery, attorney’s fees, and the possibility of fraud or collusion. It noted that the agreement had no confidentiality restrictions, narrowly released wage-and-hour claims, and provided for attorney’s fees of about one-third of the settlement amount.

Judge Robert W. Lehrburger found the settlement fair and reasonable and approved it. The court dismissed and discontinued the entire case with prejudice, without costs or fees to any party except as provided in the settlement agreement, and directed the Clerk to close the case.

The detailed version

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

Case
Vazquez v. America's Finest Deli Corp. · No. 1:22-cv-07205
Judge
Robert Lehrburger
Date
Aug. 30, 2023

Background

Cesario Vazquez brought an action for damages under the Fair Labor Standards Act (FLSA), a federal wage-and-hour law, and the New York Labor Law against America’s Finest Deli Corp. and other defendants. The parties submitted a joint request for approval of their settlement agreement, along with a fully signed copy, on August 30, 2023.

Court’s Review

The court explained that a federal court must determine whether an FLSA settlement is fair and reasonable and resulted from arm’s-length negotiation rather than employer overreaching. The court reviewed the settlement agreement and the parties’ letter. It considered, among other things, prior proceedings in the case; the risks, burdens, and costs of continuing the litigation; the possible range of recovery; whether the agreement resulted from arm’s-length bargaining; attorney’s fees; and the possibility of fraud or collusion.

The court noted that the agreement contained no confidentiality restrictions, used a release narrowly tailored to wage-and-hour claims, and provided for attorney’s fees of approximately one-third of the settlement amount.

Ruling

Judge Robert W. Lehrburger found that the settlement agreement was fair and reasonable and approved it. Because the case was resolved by settlement, the court dismissed and discontinued it in its entirety, with prejudice, without costs or fees to any party except as provided in the settlement agreement. The Clerk of Court was directed to terminate all motions and deadlines 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.

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