Bello Herrera v. Manna 2nd Avenue LLC

Opinion

UNITED STATES DISTRICT COURT ELECTRONICALLY FILED DOC #: _________________ SOUTHERN DISTRICT OF NEW YORK DATE FILED: 10/1/2024 ----------------------------------------------------------------- X : ALFREDO BELLO HERRERA, and ANGELO : BELLO SILVA, on their own behalf and on behalf of : others similarly situated, : : Plaintiffs, : : -v - : 1:20-cv-11026-GHW : MANNA 2ND AVENUE LLC, doing business as : ORDER GINA LA FORNARINA, et al., : : Defendants. : : ----------------------------------------------------------------- X

GREGORY H. WOODS, United States District Judge:

On September 30, 2024, the parties submitted a joint letter requesting approval of a proposed settlement agreement that would dismiss with prejudice Plaintiffs’ claims under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). Dkt. No. 98. “[P]arties cannot enter into private settlements of FLSA claims without either the approval of the district court or the Department of Labor.” Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 200 (2d Cir. 2015). Accordingly, the Court must review the parties’ proposed settlement of their FLSA claims to determine whether it is “fair and reasonable.” Velasquez v. SAFI-G, Inc., 137 F. Supp. 3d 582, 584 (S.D.N.Y. 2015). The Court will hold a hearing with respect to the fairness of the parties’ proposed settlement agreement by telephone on October 18, 2024 at 3:00 p.m. The parties are directed to the Court’s Individual Rules of Practice in Civil Cases, which are available on the Court’s website. Rule 2 of the Court’s Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court’s Individual Rules. SO ORDERED. Dated: October 1, 2024 _____________________________________ New York, New York GREGORY H. WOODS United States District Judge