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- nyed;;1:16-cv-05937_de25 RegisterActionDate "2017-07-16" @default.
- nyed;;1:16-cv-05937_de25 RegisterActionDescriptionText "ORDER granting 18 Motion for Settlement. I have reviewed the motion for approval filed by plaintiff dated July 12, 2017, Docket Entry 18, including the plaintiff's affidavit, the affirmation of plaintiff's counsel, and the stipulation of settlement. Having done so, I find that "the agreement reflects a reasonable compromise of disputed issues [rather] than a mere waiver of statutory rights brought about by an employer's overreaching." Le v. SITA Information Networking Computing, USA, Inc., 2008 WL 724155 (E.D.N.Y. Mar. 13, 2008)(internal quotations and citation omitted). See also Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In reaching this conclusion, I have considered, among other things, (1) that the settlement amount provides plaintiff with a gross recovery approximately equal to the overtime wages he claims are due him, and that there is a serious dispute of fact as to whether he is in fact owed as much as he claims; (2) that the attorney's fees portion of the settlement is consistent with the terms of plaintiff's retainer agreement and is for an amount equal to one-third of the total amount of the settlement; (3) that the stipulation of settlement does not include a general release; and (4) that the stipulation of settlement does not impose a duty of confidentiality. The settlement is therefore approved, and the Clerk is respectfully requested to close the case. Ordered by Magistrate Judge Steven M. Gold on 7/16/2017. (Gold, Steven) (Entered: 07/16/2017)" @default.
- nyed;;1:16-cv-05937_de25 AdministrativeID "None" @default.
- nyed;;1:16-cv-05937_de25 OntologyLabel dispositive @default.
- nyed;;1:16-cv-05937_de25 OntologyLabel order @default.
- nyed;;1:16-cv-05937_de25 OntologyLabel settlement @default.
- nyed;;1:16-cv-05937_de25 hasReferenceToOtherEntry nyed;;1:16-cv-05937_de24 @default.