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S.D.N.Y.Procedural orderFiled Mar. 5, 2024

Kroustallis v. The City of New York

Judge
George Daniels
Docket
1:16-cv-08421
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaEmploymentCivil Procedure
In one sentence

In Kroustallis v. The City of New York, Judge Daniels approved the parties’ $1.76 million wage settlement and dismissed the case with prejudice.

Who this affects

The named plaintiffs and the similarly situated Fire Department employees covered by the settlement, as well as the City of New York, the City of New York Fire Department, and Daniel A. Nigro.

What happened

Kroustallis v. The City of New York was an action under the Fair Labor Standards Act brought by current or former City of New York Fire Department employees on behalf of themselves and similarly situated employees. The parties reached a settlement and jointly asked the court to approve it.

The court approved the settlement for $1,760,000, excluding attorneys’ fees and costs. It also dismissed the action with prejudice, without costs to any party except as provided in the settlement agreement.

U.S. District Judge George B. Daniels retained jurisdiction to enforce the settlement agreement and directed the Clerk of Court to close the case.

The detailed version

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

Case
Kroustallis v. The City of New York · No. 1:16-cv-08421
Judge
George Daniels
Date
Mar. 5, 2024

Background

The plaintiffs—George Kroustallis, Anthony Almojera, Donald Browne, Barret Hirsch, and Vincent Variale—brought this Fair Labor Standards Act (FLSA) action on behalf of themselves and other people similarly situated who were employed by the City of New York Fire Department. The defendants were the City of New York, the City of New York Fire Department, and Daniel A. Nigro, in his capacity as Commissioner of the New York City Fire Department.

The parties reported that they had reached a settlement and jointly requested the court’s approval. The court reviewed the settlement agreement and the parties’ joint letter under the settlement-review standard discussed in Cheeks v. Freeport Pancake House, Inc.

Ruling

Judge George B. Daniels granted the parties’ request for settlement approval. The court approved a settlement totaling $1,760,000, not including attorneys’ fees and costs.

The court further ordered that the action be dismissed with prejudice and without costs to any party, except to the extent provided in the settlement agreement. The court retained jurisdiction to enforce the settlement agreement and directed the Clerk of Court to close the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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