Powers v. Mama's Boy Burgers, LLC et al, No. 1:2022cv00502 - Document 29 (N.D.N.Y 2022)

Court Description: DECISION and ORDER: Ordered that Plaintiff's Letter Motion (Dkt. No. 28 ) for approval of the settlement is Granted, and the parties' settlement is approved as a fair and reasonable resolution of a bona fide dispute regarding Plaintiff� 39;s claims for unpaid tips, failure to provide pay notices and retaliation claims; Ordered this matter may be reopened if the settlement payment is not made within fourteen days from satisfaction of the last to occur of the following (1) the Court&# 039;s issuance of an order approving the proposed Settlement Agreement, and (2) Plaintiff's delivery of executed and properly completed IRS forms W-4 and W-9; and Ordered that the parties are directed to file a Stipulation of Discontinuance under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), signed by all parties by December 20, 2022. Signed by Magistrate Judge Miroslav Lovric on 12/06/2022. (hmr)

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Powers v. Mama's Boy Burgers, LLC et al Doc. 29 Case 1:22-cv-00502-ML Document 29 Filed 12/06/22 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ SUSAN POWERS, Plaintiff, 1:22-CV-0502 (ML) v. MAMA’S BOY BURGERS, LLC, and MICHAEL KOEGEL, Defendants. ________________________________________ APPEARANCES: OF COUNSEL: ISAACS BERNSTEIN, P.C. Co-Counsel for Plaintiff 2108 Yardley Road Yardley, Pennsylvania 19067 JONATHAN A. BERNSTEIN, ESQ. MARGARET McINTYRE, ATTORNEY AT LAW Co-Counsel for Plaintiff 195 Montague Street, 14th Floor Brooklyn, New York 11201 MARGARET E. McINTYRE, ESQ. GIRVIN & FERLAZZO, P.C. Counsel for Defendants 20 Corporate Woods Boulevard Albany, New York 12211-2350 SCOTT P. QUESNEL, ESQ. MIROSLAV LOVRIC, United States Magistrate Judge DECISION and ORDER Upon consideration of the proposed Settlement Agreement (Dkt. No. 28, Attach. 1) settling the Fair Labor Standards Act, New York Labor Law, and retaliation claims in this case on behalf of Plaintiff Susan Powers, as well as Plaintiff’s attorneys’ billing records (Dkt. No. 28, Attach. 2), and Plaintiffs’ attorneys’ receipts for expenses incurred (Dkt. No. 28, Attach. 3), it is hereby Dockets.Justia.com Case 1:22-cv-00502-ML Document 29 Filed 12/06/22 Page 2 of 2 ORDERED that Plaintiff’s Letter Motion (Dkt. No. 28) for approval of the settlement is GRANTED, and the parties’ settlement is approved as a fair and reasonable resolution of a bona fide dispute regarding Plaintiff’s claims for unpaid tips, failure to provide pay notices, and retaliation claims; and it is further ORDERED this matter may be reopened if the settlement payment is not made within fourteen days from satisfaction of the last to occur of the following (1) the Court’s issuance of an order approving the proposed Settlement Agreement, and (2) Plaintiff’s delivery of executed and properly completed IRS forms W-4 and W-9; and it is further ORDERED that the parties are directed to file a Stipulation of Discontinuance under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), signed by all parties by December 20, 2022. IT IS SO ORDERED. Date: December 6, 2022 Binghamton, New York 2

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