Marquez v. Rosebox LLC ( 2024 )

OViIne UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC eo DATE FILED: _ 3/1/2024 Lily Andreina Sosa Marquez, individually and on behalf of all others similarly situated, Plaintiff, 1:23-cv-08171 (SDA) -against- ORDER Rosebox LLC et al., Defendants. STEWART D. AARON, United States Magistrate Judge: The Court is in receipt of the parties’ joint letter seeking approval of the settlement of this action, which contains claims under the Fair Labor Standards Act (“FLSA”), pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). (2/28/24 Letter, ECF No. 29.) In seeking approval of the non-monetary terms of the agreement, the parties state that “the release in Paragraph 5 of the Settlement Agreement is appropriately tailored to claims under the FLSA, [New York Labor Law] and their associated regulations, concerning only Plaintiff's alleged employment.” (See id. at 4.) However, the release itself is not so limited and instead includes numerous claims beyond the wage and hour claims at issue in this lawsuit. (See Settlement Agreement, ECF No. 29-1, at 4-5.) Accordingly, no later than Friday, March 8, 2024, the parties shall file a joint letter addressing how the release, as written, comports with the requirements of Cheeks. See Cheeks, 796 F.3d at 206; see also Rubio v. BSDB Mgmt., Inc., 548 F. Supp. 3d 362, 368 (S.D.N.Y. 2021) (finding release provision overbroad when plaintiff required to waive “a broad set of claims that goes far beyond wage-and-hour issues or the claims at issue in this lawsuit”) (citing cases). SO ORDERED. Dated: New York, New York March 1, 2024 STEWART D. AARON United States Magistrate Judge