Suquilanda v. Competitive Ventures, Inc.

• Court: District Court, E.D. New York
• Decided: July 7, 2022
• Docket: 1:21-cv-01454
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------- X : JULIO SUQUILANDA, : Plaintiff, : MEMORANDUM AND ORDER

– against – : 21-CV-1454 (AMD) (MMH)

: COMPETITIVE VENTURES, INC., ZOLAMAX, INC., and JOSEPH SWIATEK, : : Defendants. --------------------------------------------------------------- X

A

NN M. DONNELLY, United States District Judge : On March 19, 2021, the plaintiff brought this a ction, alleging violations of the Fair Labor

Standards Act, 29 U.S.C. §§ 201 et seq., the Families First Coronavirus Response Act and

associated regulations, 29 C.F.R. § 826 and the New York Labor Law §§ 190 et seq. (ECF No.

1.) On December 10, 2021, the parties filed a joint motion for approval of their settlement

agreement. (ECF No. 16.) I referred the motion to M agistrate Judge Marcia M. Henry on

December 20, 2021. On February 10, 2022, Judge Henry held a Cheeks hearing, and instructed the parties to file an executed copy of the proposed settlement to the docket. (ECF No. 19.) On May 26, 2022, in a thorough Report and Recommendation, Judge Henry concludes that the parties’ proposed settlement agreement at ECF Nos. 16 and 18 is fair and reasonable, and recommends that the motion for settlement approval be granted. (See May 26, 2022 Report and Recommendation.) No objections to the Report and Recommendation have been filed, and the time for doing so has passed. A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). To accept those portions of the report and recommendation to which no timely objection has been made, “a district court need only satisfy itself that there is no clear error on the face of the record.” Jarvis v.N. Am. Globex Fund L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (quoting Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003)).

Judge Henry’s well-reasoned Report and Recommendation contains no error. Accordingly, I adopt it in its entirety.

SO ORDERED. s/Ann M. Donnelly ___________________________ ANN M. DONNELLY United States District Judge Dated: Brooklyn, New York July 7, 2022