Bevel v. Mennella's Poultry Co., Inc.
- Rochon
- 1:23-cv-05678
- U.S. District Court · Southern District of New York
- 2
In Bevel v. Mennella’s Poultry, Judge Rochon adopted an unopposed recommendation approving the Fair Labor Standards Act settlement and ordered the case closed.
Royce Bevel and Mennella’s Poultry Co., Inc.; the court-approved settlement resolved the case, but the opinion does not state its terms.
What happened
In Bevel v. Mennella’s Poultry Co., Inc., a Fair Labor Standards Act case, a magistrate judge recommended approving the parties’ settlement.
Neither party objected to the recommendation within the required 14-day period. The district court reviewed the recommendation for clear error and found none.
Judge Jennifer L. Rochon adopted the recommendation in full, directed the clerk to terminate the pending motions, and ordered the case closed. The opinion does not state the settlement’s terms.
The detailed version
- Bevel v. Mennella's Poultry Co., Inc. · No. 1:23-cv-05678
- Rochon
- Mar. 29, 2024
Background
Royce Bevel brought this Fair Labor Standards Act action against Mennella’s Poultry Co., Inc. The parties reached a settlement, and Magistrate Judge Sarah L. Cave issued a March 1, 2024 Report and Recommendation recommending that the settlement be approved.
Review of the Recommendation
The parties had 14 days to submit written objections under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). No objections were filed. Because the recommendation was uncontested, the district court reviewed it for clear error, meaning an obvious mistake apparent from the record. The court found no clear error.
Ruling
Judge Jennifer L. Rochon adopted Judge Cave’s Report and Recommendation in its entirety. The clerk was directed to terminate the motions pending at ECF Nos. 23 and 24 and to close the case. The opinion does not provide the settlement’s terms.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.