Filed: Feb. 25, 2019
Latest Update: Feb. 25, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION ANN M. DONNELLY , District Judge . On May 26, 2017, the plaintiffs brought this action alleging that their former employers, Jax Inn Restaurant Corp., Modem Hospitality Group Corp., Antonios Giannopoulos, Peter Giannopoulos, and John Doe (a.k.a. Tony) violated the Fair Labor Standards Act and the New York Labor Law. (ECF No. 1.) On January 11, 2019, the parties filed a joint motion to dismiss, informing the Court that they had settled the case; they
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION ANN M. DONNELLY , District Judge . On May 26, 2017, the plaintiffs brought this action alleging that their former employers, Jax Inn Restaurant Corp., Modem Hospitality Group Corp., Antonios Giannopoulos, Peter Giannopoulos, and John Doe (a.k.a. Tony) violated the Fair Labor Standards Act and the New York Labor Law. (ECF No. 1.) On January 11, 2019, the parties filed a joint motion to dismiss, informing the Court that they had settled the case; they ..
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ORDER ADOPTING REPORT AND RECOMMENDATION
ANN M. DONNELLY, District Judge.
On May 26, 2017, the plaintiffs brought this action alleging that their former employers, Jax Inn Restaurant Corp., Modem Hospitality Group Corp., Antonios Giannopoulos, Peter Giannopoulos, and John Doe (a.k.a. Tony) violated the Fair Labor Standards Act and the New York Labor Law. (ECF No. 1.) On January 11, 2019, the parties filed a joint motion to dismiss, informing the Court that they had settled the case; they also sought judicial approval of the settlement under the principles outlined in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). (ECF No.40.) According to the motion and the attached settlement agreement and attorney timesheets, the defendants are to pay the plaintiff $53,000.00, which includes attorneys' fees. (ECF No. 40-1.) On February 8, 2019, the Honorable James Orenstein issued a Report and Recommendation ("R&R") in which he recommended that I grant the motion to dismiss and approve the settlement. (Feb. 8, 2019 Order.) The parties were to file objections to the R&R by February 22, 2019; no objections were filed.
In reviewing a Report and Recommendation, 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)(C). When a party submits a timely objection, the district court must "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C); accord Fed. R. Civ. P. 72(b)(3). The court reviews for clear error the remaining portions of a report and recommendation to which there are no specific reasoned objections. See Pall Corp. v. Entegris, Inc., 249 F.R.D. 48, 51 (E.D.N.Y. 2008).
I have reviewed Judge Orenstein's R&R, the settlement agreement, and the record. I adopt his recommendation that I grant the motion and q^prove the settlement. I find that the settlement is fair and reasonable under the principles set forth in Cheeks. The Clerk of the Court is respectfully directed to close the case.
SO ORDERED.
