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Hoang v. Good Taste Corp.

United States District Court, E.D. New York

August 29, 2017

HOA CHI HOANG, individually and on behalf of all other employees similarly situated, Plaintiff,
v.
GOOD TASTE CORP., KIEM QUACH, and TAI QUEN TRAN, Defendants.

          CUCCIA & CAMPISE, PLLC By: Michael J. Campise Esq. Attorney for Plaintiff.

          HANG & ASSOCIATES, PLLC, By: Jian Hang, Esq. Attorney for Defendants.

          CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE

         WHEREAS, HOA CHI HOANG (hereinafter, "Plaintiff) commenced an action against GOOD TASTE CORP, KIEM QUACH, and TAI QUEN TRAN, (each singularly hereinafter referred to as "Defendant, " and collectively hereinafter referred to as "Defendants") on or about October 25, 2016, in the United States District Court for the Eastern District of New York (hereinafter, the "Court"), presently bearing Case Number l:16-CV-5933 (hereinafter, the "Action") alleging violations of the Fair Labor Standards Act ("FLSA"), New York Labor Law ("NYLL"), and related regulations;

         WHEREAS, Defendants deny Plaintiffs allegations, and contend that Plaintiffs allegations are unfounded and lack merit;

         WHEREAS, Plaintiff and Defendants (each singularly hereinafter referred to as a "Party, " and collectively hereinafter referred to as "Parties") desire to fully and finally resolve and settle in full all wage and hour claims that any Plaintiff has, had, or may have against Defendants by way of this Settlement Agreement and Release ("Agreemet");

         WHEREAS, Plaintiffs counsel and Defendants' counsel have negotiated in good faith to reach a settlement acceptable to the Parties which constitutes a reasonable compromise of Plaintiffs respective claims, Defendants' respective defenses, and the bona fide dispute between the Parties;

         NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the receipt and sufficiency of which is hereby acknowledged, and incorporating the above "Whereas" clauses in this Agreement, the Parties agree as follows:

         1. Payment

         (a) In full and final satisfaction of all issues between the Parties, Defendants shall pay to the Plaintiff the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($7, 500.00) (the "Settlement Sum"). The Settlement Sum shall be allocated as follows:

a. S 5, 000 to "Hoa Chi Hoang".
b. $ 2, 500 to "Cuccia & Campise, PLLC" for attorneys' fees of $ 2, 500 and filing fees, costs.

         (b) The payment shall be delivered to Cuccia & Campise, PLLC located at 100 Lafayette Street, Suite 201, New York, NY 10013 as follows:

a. Five days after the Court's approval of this Settlement Agreement, the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ...

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