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Steven Barker, John Becker, Patrick Bornt, William Bowles, John Comitale v. the City of Troy

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 30, 2012

STEVEN BARKER, JOHN BECKER, PATRICK BORNT, WILLIAM BOWLES, JOHN COMITALE, ROBERT FITZGERALD, RANDALL FRENCH, ROBERT GAUDETTE, BRIAN GROSS, ROBERT HAYDEN, JEFFREY HOOVER, SEAN KITTLE, MARK MALOY, MICHAEL PARROW, KEVIN SESSIONS, AND MATTHEW MONTANINO, PLAINTIFFS,
v.
THE CITY OF TROY, NEW YORK; HARRY TUTUNJIAN, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF TROY, NEW YORK; AND JOHN TEDESCO, IN HIS OFFICIAL CAPACITY AS CHIEF OF POLICE OF THE CITY OF TROY, NEW YORK, DEFENDANTS

The opinion of the court was delivered by: Randolph F. Treece United States Magistrate Judge

REPORT-RECOMMENDATION and ORDER*fn1

On December 9, 2010, the Plaintiffs commenced this action seeking injunctive and declaratory relief and to recover unpaid overtime wages that are owed to the Plaintiffs by the Defendants, as well as liquidated damages pursuant to the Fair Labor Standard Act, 29 U.S.C. §§ 201 et seq. Dkt. No. 1.

On January 25, 2012, this matter comes before the Court on an application seeking approval of their Stipulation of Settlement. Dkt. No. 25.

Having reviewed the Stipulation of Settlement, the case docket, and the proceedings in this action, and good cause appearing therefore, this Court finds said Settlement, in all respects, fair, just, reasonable, and adequate to the settling Plaintiffs. Accordingly, this Court RECOMMENDS that the Settlement be approved.

CONCLUSION

For the reasons stated herein, it is hereby

RECOMMENDED, that the Stipulation of Settlement, Dkt. No. 25, and all of its terms be approved; and it is further

ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation and Order upon the parties to this action.

Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen (14) days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW.

Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993) (citing Small v. Sec'y of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989)); see also 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72 & 6(a).


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