Minutes | Filed: September 25, 2026
| Entered: September 25, 2026
Nazary v. LiveOnNY, Inc.
Labor: Fair Standards | New York Eastern
Fairness Conference Order on Motion for Settlement ~Util - Set Deadlines
Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: A fairness hearing was held via telephone on September 25, 2026. All parties appeared. The parties previously consented to magistrate judge jurisdiction. Dkt. No. 20 . Having reviewed the revised settlement agreement at Dkt. No. 23-1, the Court finds 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 Info. Networking Computing, USA, Inc., No. 07-CV-86 (JS) (MLO), 2008 WL 724155, at *1 (E.D.N.Y. Mar. 13, 2008) (internal quotation marks and citations omitted); see also Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015). In reaching this conclusion, the Court considered, among other things, (1) that the settlement amount as reflected in the settlement agreement is substantial and fair in light of litigation risk and is within the possible range of recovery; (2) that the attorneys' fees and costs portion of the settlement is reasonable and commensurate with the degree of success obtained, see Fisher v. SD Protection Inc. , 948 F.3d 593, 606-07 (2d Cir. 2020); (3) that the release provided for in the agreement is limited in scope; and (4) that the settlement agreement does not impose a duty of confidentiality.
For the reasons above, the terms of the settlement are fair and reasonable and otherwise satisfy the factors set forth in Wolinksy v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). See Fisher, 948 F.3d at 600 (instructing that Wolinksy factors guide fairness inquiry). The settlement agreement at Dkt. No. 23-1 is therefore approved and the motion for settlement approval 19 is granted and the settlement is approved as fair and reasonable.
The Court does not retain jurisdiction to enforce the settlement agreement.
The parties shall file a stipulation of dismissal by October 9, 2026. Ordered by Magistrate Judge Joseph A. Marutollo. (ZoomGov Log #10:07-10:18.) (EG)