Case Activity (249)

1. Order | Filed: February 07, 2023 Aguirre v. Mardave Management Inc. et al

   Labor: Fair Standards | New York Southern

   Order

   ORDER: It is hereby ORDERED that the settlement agreement is APPROVED as fair and reasonable based on the nature and scope of Plaintiff's claims and the risks and expenses involved in additional litigation. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206-07 (2d Cir. 2015); Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012) (outlining the factors that district courts have used to determine whether a proposed settlement is fair and reasonable). The settlem ent is the product of arms-length negotiations by experienced counsel, and there is no indication of fraud or collusion. Id. (citing Wolinsky, 900 F. Supp. 2d at 335). The proposed settlement agreement is fair and reasonable because it does not relea se claims with "no relationship whatsoever to wage and-hour issues." Santos v. YMY Mgmt. Corp., No. 20 Civ. 1992, 2021 WL 431451, at *2 (S.D.N.Y. Feb. 8, 2021) (internal quotation marks omitted). It is further ORDERED that Plaintiff's counsel's request for $13,868, of which $552 is reimbursement for costs and the remainder of which is a reasonable attorney's fee, is GRANTED. This amount is less than the lodestar calculation and approximately one-third of the se ttlement. Plaintiff's counsel's hourly rates used to calculate the lodestar are on the high end of those approved by Courts in this circuit for counsel of similar experience in similar cases, but the requested fee would be less than the lod estar even if Plaintiff's counsel's rates were substantially lower. The Court finds this amount to be fair and reasonable in light of the quality of counsel, the risks of litigation and the litigation's magnitude and complexity. See Hu i Luo v. L & S Acupuncture, P.C., 649 F. Appx 1, 2 (2d Cir. 2016) (summary order) (stating that the lodestar is the presumptively reasonable fee, particularly in fee shifting cases, such as those under FLSA, where the financial recovery is likely to be small); Perez v. AC Roosevelt Food Corp., 744 F.3d 39, 44 (2d Cir. 2013) (acknowledging precedent that "the lodestar-the product of a reasonable hourly rate and the reasonable number of hours required by the case-creates a presumptively reaso nable fee"); Millea v. Metro-N. R. Co., 658 F.3d 154, 166-67 (2d Cir. 2011). The remainder of the settlement shall be distributed to Plaintiff. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Lorna G. Schofield on 2/7/2023) (tg) Transmission to Finance Unit (Cashiers) for processing.

2. Misc | Filed: February 03, 2023 | Entered: February 03, 2023 Aguirre v. Mardave Management Inc. et al

   Labor: Fair Standards | New York Southern

   Letter

   LETTER addressed to Judge Lorna G. Schofield from Plaintiff's Counsel Abdul K. Hassan, Esq. dated February 3, 2023 re: Motion for Settlement Approval. Document filed by Michael Aguirre. (Attachments: # 1 Exhibit Fully Executed Settlement Agreement, # 2 Exhibit Retainer Agreement, # 3 Exhibit Time Records, # 4 Exhibit Costs Receipts).(Hassan, Abdul)

3. 247 additional result(s)