Montero v. Primo Home Services Installation Inc. ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BRYAN MONTERO, et al., Plaintiffs, Vv. 23-CV-7340 (DEH) PRIMO HOME SERVICES INSTALLATION, ORDER INC., et al., Defendant(s). DALE E. HO, United States District Judge: The Court has been informed that the parties have reached a settlement on all issues, following mediation through the District’s Mediation Program. In the Second Circuit, “parties cannot privately settle FLSA claims with a stipulated dismissal with prejudice under Federal Rule of Civil Procedure 41 absent the approval of the district court or the Department of Labor.” Fisher v. SD Prot. Inc., 948 F.3d 593, 599-600 (2d Cir. 2020) (outlining the factors that district courts have used to determine whether a proposed settlement and award of attorneys’ fees is fair and reasonable); see also Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206-07 (2d Cir. 2015). It is hereby ORDERED that the parties shall file their materials for approval under Cheeks by April 19, 2024. SO ORDERED. Dated: March 15, 2024 New York, New York Z— DALEE. HO United States District Judge