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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


February 2, 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.

DECISION and ORDER

This matter comes before the Court following a Report-Recommendation filed on January 30, 2012, by the Honorable Randolph F. Treece, United States Magistrate Judge. Dkt. No. 27 ("Report-Recommendation").*fn1 Both Plaintiffs and Defendants have submitted Status Reports before the Court indicating that they do not object to Judge Treece's findings in the Report-Recommendation. Dkt. Nos. 28, 29.

"A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). After examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. In light of Judge Treece's thorough consideration of the parties' joint stipulation and the proceedings in this matter, and both parties' submissions stating that they have no objections to the Report-Recommendation, the Court finds that the proposed settlement "represents a fair and reasonable resolution" of their dispute under the Fair Labor Standards Act, 29 U.S.C. § 210, et seq. Peralta v. Allied Contracting II Corp., No. 09-CV-953, 2011 WL 3625501, at *1 (E.D.N.Y. Aug. 17, 2011); see also Bouzzi v. F & J Pine Rest., LLC, No. 10-CV-0457, 2012 WL 85137, at *1 (E.D.N.Y. Jan. 11, 2012); Misiewicz v. D'Onofrio Gen. Contractors Corp., No. 08-CV-4377, 2010 WL 2545472, at *1 (E.D.N.Y. June 18, 2010); Leung v. Home Boy Rest. Inc., No. 07 Civ. 8779, 2009 WL 398861, at *1 (S.D.N.Y. Feb. 18, 2009).

Accordingly, it is hereby: ORDERED, that the Report-Recommendation (Dkt. No. 27) is APPROVED and

ADOPTED in its entirety; and it is further

ORDERED, that the Stipulation of settlement (Dkt. No. 25), and all of its terms, is APPROVED; and it is further

ORDERED, that the Clerk of the Court serve a copy of this Order on all parties. IT IS SO ORDERED.


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