Lopes Chavez v. Besos Restaurant Bar & Loung Corp

Opinion

USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: _ 10/28/2024 GABRIELA LOPES CHAVEZ, et al., Plaintiffs, 23-CV-9196 (BCM) -against- ORDER BESOS RESTAURANT BAR & LOUNGE CORP, et al., Defendants.

BARBARA MOSES, United States Magistrate Judge. The Court has received and reviewed the parties’ joint letter-motion dated October 24, 2024 (Jt. Ltr.) (Dkt. 28), seeking approval of their Settlement and Release Agreement (Dkt. 28-1) pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d. Cir. 2015). Plaintiff's counsel seeks a fee award $6,660 (33.3% of the $20,000 settlement total). However, plaintiff does not provide the documentation necessary for the Court to review the proposed fee award. Because this Court's fairness review "extends to the reasonableness of attorneys’ fees and costs," Fisher v. SD Protection, Inc., 948 F. 3d 593, 606 (2d Cir. 2020), any proposed award of fees and costs must be memorialized in the written settlement agreement and supported by copies of counsel's contingency fee agreement (if any) and time and expense records, properly authenticated. /d. at 600. Consequently, plaintiff's counsel may submit copies of any contingency fee agreement and contemporaneous time records no later than November 4, 2024. Dated: New York, New York October 28, 2024 SO ORDERED. ‘ead BARBARA MOSES United States Magistrate Judge