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Labor: Fair Standards | New York Eastern
Letter
Letter addressed to Judge Hector Gonzalez by Yehuda Cohen, Kosher Corner Supermarket, Inc. (Attachments: # 1 Proposed Order Civil Case Management Plan, # 2 Exhibit Rider A to Exhibit B) (Zahran, Emily)
Labor: Fair Standards | New York Southern
Order
ORDER REGARDING PROPOSED SETTLEMENT: The attorneys for the parties have advised the Court that this action has been or will be settled. Accordingly, it is hereby ORDERED that the parties file the proposed settlement agreement for Court approva l of the agreement as fair and reasonable within 45 days of the date hereof. The approval request must be supported by a declaration and any other evidence necessary to support the requested determination, see Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015), including evidence addressing: "(1) the plaintiff's range of possible recovery; (2) the extent to which the settlement will enable the parties to avoid anticipated burdens and expenses in establ ishing their respective claims and defenses; (3) the seriousness of the litigation risks faced by the parties; (4) whether the settlement agreement is the product of arm's-length bargaining between experienced counsel; and (5) the possibil ity of fraud or collusion," Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012) (internal quotation omitted). The parties' evidence should also address "factors that weigh against approving a settlement," i ncluding "(1) 'the presence of other employees situated similarly to the claimant'; (2) '[the] likelihood that the claimant's circumstances will recur'; (3) 'a[ny] history of FLSA non-compliance by the same emp loyer or others in the same industry or geographic region'; and (4) the desirability of 'a mature record' and 'a pointed determination of the governing factual or legal issue to further the development of the law either in general or in an industry or in a workplace.'" Wolinsky, 900 F. Supp. 2d at 336 (internal quotation omitted).SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/2/2026) (vfr)
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