Nell v. City of New York

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wae BRYAN NELL, et al., : Plaintiffs, : : 19 Civ. 6702 (LGS) -against- : : ORDER CITY OF NEW YORK, : Defendant. : we eee X LORNA G. SCHOFIELD, District Judge: WHEREAS, on November 12, 2021, Plaintiffs filed a joint letter along with the settlement agreement and attorney billing details, (Dkt. No. 125), in this action arising under the Fair Labor Standards Act. It is hereby ORDERED that the settlement agreement, is APPROVED as fair and reasonable based on the nature and scope of Plaintiffs’ claims and the risks and expenses involved in additional litigation. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015), cert denied., 136 S. Ct. 824 (2016); Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012) (outlining the factors for determining whether proposed settlement is fair and reasonable); see also Fisher v. SD Prot. Inc., 948 F.3d 593, 602-605 (2d Cir. 2020) (holding that the “whole purpose of fee-shifting statutes is to generate attorneys’ fees that are disproportionate to the plaintiff's recovery” (internal quotation marks omitted)). It is further ORDERED that Plaintiffs’ counsels’ request for $435,000 in attorneys’ fees and costs is GRANTED. The remainder of the settlement shall be distributed to Plaintiffs. It is further ORDERED that, consistent with the settlement agreement, this action is DISMISSED with prejudice. The Clerk of Court is respectfully directed to close this case.

Dated: November 16, 2021 . New York, New York . LORNA G. SCHOFIEL