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Thamim v. Zoom Car Spa, LLC, 16-cv-2166 (AMD) (RER). (2018)

Court: District Court, E.D. New York Number: infdco20180918f01 Visitors: 9
Filed: Sep. 17, 2018
Latest Update: Sep. 17, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION ANN M. DONNELLY , District Judge . On May 2, 2016, the plaintiff, Mohamedu Thamim, filed a class and collective action complaint on behalf of himself and similarly situated employees of the defendants, alleging violations of the Fair Labor Standards Act and the New York Labor Law. The defendants reached a settlement with the named plaintiff, and on August 27, 2018, the parties filed a joint motion for approval of the settlement agreement. (ECF No. 8
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ORDER ADOPTING REPORT AND RECOMMENDATION

On May 2, 2016, the plaintiff, Mohamedu Thamim, filed a class and collective action complaint on behalf of himself and similarly situated employees of the defendants, alleging violations of the Fair Labor Standards Act and the New York Labor Law. The defendants reached a settlement with the named plaintiff, and on August 27, 2018, the parties filed a joint motion for approval of the settlement agreement. (ECF No. 81.)

After reviewing the parties' settlement agreement in accordance with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), Magistrate Judge Ramon E. Reyes, Jr. recommended that I approve the parties' settlement agreement. (Minute Order, August 30, 2018.) Judge Reyes ordered the parties to file objections by September 13, 2018. (Id.) To date, no objections have been filed.

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). Where, as here, no party has objected to the magistrate judge's recommendation,"a district court need only satisfy itself that there is no clear error on the face of the record." Urena v. New York, 160 F.Supp.2d 606, 609-10 (S.D.N.Y. 2001) (quoting Nelson v. Smith, 618 F.Supp. 1186, 1189 (S.D.N.Y. 1985)).

I have reviewed the terms of the parties' settlement agreement and adopt Judge Reyes' recommendation that I approve the settlement. The parties' settlement agreement [81] is approved, and the Clerk of the Court is respectfully directed to close the case.

SO ORDERED.

Source:  Leagle

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