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Flores-Colin v. La Oaxaquena Rest. Corp.

Court Has No Jurisdiction Over Motion to Enforce Settlement Agreement

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OPINION & ORDER On April 4, 2018, Plaintiff Jose Flores-Colin filed this action against Defendants La Oaxaquena Restaurant Corp. (“La Oaxaquena”), Elizabeth Pizarro, and Antonio Pizarro, alleging violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§201 et seq., and New York Labor Law. See ECF No. 1 (Compl.). On February 25, 2019, the parties participated in a settlement conference before me. Four months later, the parties reported that they had reached a settlement, and consented to my jurisdiction. ECF Nos. 36, 37. The parties filed the settlement agreement and supporting memorandum for my approval, and on August 27, 2019, I approved the settlement pursuant to Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015). ECF No. 40. Flores-Colin now moves to enforce the settlement and enter judgment against Defendants La Oaxaquena and Elizabeth Pizzaro (the “Settling Defendants”). ECF No. 41. The Court, however, lacks subject matter jurisdiction to enforce the parties’ settlement agreement. Accordingly, Flores-Colin’s motion to enforce the settlement agreement is DENIED. BACKGROUND As alleged in the Complaint, Flores-Colin was employed as a food delivery worker and porter for the Settling Defendants’ restaurant. Compl. 20. He worked for the Settling Defendants until March of 2018, routinely working over 40 hours per week. Id.

22-23. The Settling Defendants did not pay him proper minimum wages or overtime compensation and did not provide him with written wage statements. Id.

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