De Rosa v. Sicilian Sage LLC
- Willis
- 1:22-cv-06733
- U.S. District Court · Southern District of New York
- 2
In De Rosa v. Sicilian Sage LLC, Magistrate Judge Willis approved the parties’ FLSA and New York Labor Law settlement and discontinued the case with prejudice and without costs.
Maurizio De Rosa, Sicilian Sage and the other defendants, and De Rosa’s counsel.
What happened
In De Rosa v. Sicilian Sage LLC, Maurizio De Rosa and the defendants reached an agreement in principle to resolve claims under the Fair Labor Standards Act and New York Labor Law. They asked the court to approve their proposed settlement.
The court reviewed the agreement and the parties’ explanation of why it was fair, reasonable, and adequate. The opinion does not state the settlement amount or other specific financial terms.
Magistrate Judge Jennifer E. Willis approved the settlement, including compensation for the plaintiff’s legal fees, and retained jurisdiction to enforce it if necessary. The court discontinued the action with prejudice and without costs, while allowing the plaintiff to seek restoration within 30 days if the written settlement documentation was not completed.
The detailed version
- De Rosa v. Sicilian Sage LLC · No. 1:22-cv-06733
- Willis
- Apr. 5, 2024
Background
Maurizio De Rosa brought this action under the Fair Labor Standards Act and the New York Labor Law against Sicilian Sage and other defendants. The parties consented to the court’s authority under 28 U.S.C. § 636(c). After reaching an agreement in principle, they submitted a proposed settlement and a letter explaining why they believed the agreement was fair, reasonable, and adequate.
Settlement Review
Because the action included Fair Labor Standards Act claims, the court reviewed the proposed settlement for fairness. The court considered the parties’ submissions, their representations, and the agreement’s terms. It found that the settlement was fair, reasonable, and adequate both to address De Rosa’s claims and to compensate his counsel for legal fees. The opinion does not state the settlement amount or describe the agreement’s specific financial terms.
Ruling and Effect
Judge Jennifer E. Willis approved the proposed settlement. At the parties’ request, the court retained jurisdiction to enforce the agreement if necessary. The court ordered that the action be discontinued with prejudice and without costs, but provided that De Rosa could apply by letter within 30 days to restore the action to the active calendar if any part of the written settlement documentation was not completed. The Clerk of Court was requested to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.