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Labor: Fair Standards | New York Southern
Order on Motion for Extension of Time
ORDER granting 38 Letter Motion for Extension of Time. The Court appreciates the update on the parties' progress towards final resolution of the matter. Parties may not privately settle Fair Labor Standards Act ("FLSA") claims and stipulate to the cases dismissal with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) without the approval of the district court or the Department of Labor. See Samake v. Thunder Lube, Inc., 24 F.4th 804, 807 (2d Cir. 2022); Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 200 (2d Cir. 2015). In the absence of Department of Labor approval, the parties must demonstrate to me that their settlement is "fair and reasonable."Velasquez v. SAFI-G, Inc., 137 F. Supp. 3d 582, 584 (S.D.N.Y. 2015) (internalquotation marks omitted). Accordingly, the parties shall have until September 25, 2026 to file the details of the settlement agreement for approval. Moreover, I respectfully direct the Clerk of Court to fully reopen the case so that the settlement agreement can be filed and reviewed by the Court. (Signed by Judge Vernon S. Broderick on 9/8/2026) (tro)
Order
ORDER adopting REPORT AND RECOMMENDATIONS for 28 Report and Recommendations, 21 Motion for Settlement, filed by Hakim Haxhaj, 20 Motion for Settlement filed by Hakim Haxhaj.The Court has reviewed the Report and has found no error, clear or otherwise. It is hereby ORDERED that the Report is ADOPTED IN FULL. As set forth in the Report, the parties' proposed settlement is fair and reasonable in both economic and non-economic terms. See Report at 2-3. The amounts payable to Plaint iff's counsel for attorney's fees and costs are also fair and reasonable. See id. at 3. Accordingly, the motions for settlement approval, ECF Nos. 20 and 21, are GRANTED. In accordance with the proposed settlement, the defaulting Defendant, GGTA (Glenn Gardens Tenants Association) Inc., is dismissed from this case. See ECF No. 21-1 at 3. The Clerk of Court is further respectfully directed to terminate ECF Nos. 20 and 21, and to close this case. GGTA (Glenn Gardens Tenants Association) Inc. terminated. (Signed by Judge Dale E. Ho on 9/8/2026) (tro)
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