Alberto Nicolas et al v. 701 Deli Inc. et al, No. 1:2016cv07699 - Document 79 (S.D.N.Y. 2019)

Court Description: OPINION AND ORDER: Accordingly, the Court finds that the revised Agreement complies with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and approves the revised Agreement. The Court hereby dismisses the case with prejudice. The Clerk of Court is respectfully directed to close the case. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 11/12/2019) (kv)

Download PDF
Alberto Nicolas et al v. 701 Deli Inc. et al Doc. 79 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MANUEL ALBERTO NICOLAS, individually and on behafofothers similarly situated, Plaintif, -against701 DELI INC. (d/b/a 701 DELI), FOUAD HIZAM MUSAID, ABDULLAH MUSAID, and MAKI DOE, Defendants. OPINION AND ORDER 16 Civ. 7699 (ER) Ramos, D.J.: On March 15, 2019, the parties submitted an application to the Court to approve their Agreement settling unpaid overtime wage claims brought under the Fair Labor Standards Act and to dismiss the case with prejudice. Doc. 70. On October 17, 2019, the Court concluded that the settlement amount was fair and reasonable and that the attoneys' fees provided were appropriate and supported by counsel's billing records. Doc. 72. he Court, however, declined to approve the Agreement based on an unduly broad release provision. I. In response to the Court's order, the parties submitted a revision to the agreement on November 12, limiting the release provision to the claims at issue in this litigation. Doc. 78. Accordingly, the Court inds that the revised Agreement complies with Cheeks . Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and approves the revised Agreement. he Dockets.Justia.com Court hereby dismisses the case with prejudice. The Clerk of Court is respectully directed to close the case. It is SO ORDERED. Dated: & November 12, 2019 New York, New York 2 U.S.D.J.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.