Bueno v. Buzinover

Opinion

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 12/1/2023 X RAFAEL BUENO, DAVID RIVERA, VIERI MOLINA, DESTINY DOMINGUEZ, AMADA REYNOSO, JANE DOE I-X, JOHN DOEI-X, Plaintiffs, 22-CV-2216 (KHP) -against- OPINION AND ORDER ON MOTION TO WITHDRAW ALLCITY MEDICAL, P.C., ALLA B. BUZINOVER, M.D., HISPANIC MEDICAL HEALTH, P.C., K. ZARK MEDICAL, P.C., KONSTANTINOS ZARKADAS, and YAN FELDMAN, Defendants. +--+ +--+ ----X KATHARINE H. PARKER, United States Magistrate Judge: In this action under the Fair Labor Standards Act and the New York Labor Law, which is before this Court on the consent of the parties pursuant to 28 U.S.C. § 636(c), the parties, having reached an agreement in principle to resolve the action, have placed their proposed settlement agreement before this Court for approval. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 1999 (2d Cir. 2015) (requiring judicial fairness review of FLSA settlements). Plaintiffs have also submitted a letter detailing why they believe the proposed settlement agreement is fair, reasonable, and adequate. (ECF No. 25.) This Court has reviewed Plaintiffs’ submissions in order to determine whether the proposed agreement represents a reasonable compromise of the claims asserted in this action, and, in light of the totality of the relevant circumstances, including the representations made in Plaintiffs’ letter and the terms of the proposed settlement agreement, and this Court’s own familiarity with the strengths and weaknesses of the parties’ positions as learned through conferences with the parties, it is hereby ORDERED that:

1. The Court finds that the terms of the proposed settlement agreement are a fair, reasonable, and adequate means to resolve all of the claims in this action, and the agreement is therefore approved. 2. In accordance with the parties’ request, this Court will retain jurisdiction over this matter for the purpose of enforcing the settlement agreement, if necessary. 3. As a result of the Court’s approval of the parties’ proposed settlement, this action is hereby discontinued with prejudice and without costs. 4. The Clerk of Court is directed to close this case on the Docket of the Court. Dated: New York, New York December 1, 2023 SO ORDERED

kot haut Hf KATHARINE H. PARKER United States Magistrate Judge