Tolomei v. Hess Restorations, Inc.

S.D. New York

Tolomei v. Hess Restorations, Inc.

District Court, S.D. New York·Decided March 27, 2023·No. 1:23-cv-00052·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JULIA TOLOMEI, Plaintiff, 23-CV-52 (JPO) -v- ORDER HESS RESTORATIONS, INC., et al., Defendants.

J. PAUL OETKEN, District Judge: The Court has been notified that the parties have reached a settlement in this Fair Labor Standards Act (“FLSA”) case, and they have submitted a proposed settlement for the Court’s approval. (ECF No. 20.) The proposed settlement involves $10,000 to be allocated to Plaintiff Julia Tolomei in connection with her FLSA claims. (Id.) Forty percent of the settlement sum ($4,000) will be collected in attorney’s fees, in addition to $519 in costs paid to Plaintiff’s counsel.1 (ECF No. 20-1.) The Court has reviewed the terms of the proposed settlement and finds that they are fair and reasonable under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 203, 206 (2d Cir. 2015). To that end, the proposed settlement at ECF Number 20 is approved, and the case is hereby DISMISSED WITH PREJUDICE. The Court shall retain jurisdiction solely to resolve any disputes arising from the settlement agreement and the settlement of this action.

1 The executed settlement agreement states that Plaintiff will receive $2,750.50 as compensation for her work on behalf of Defendants and $2,750.50 as liquidated damages. That totals $5,500. Paragraph 4(b) of the agreement, however, states that Plaintiff will receive $5,481.00 in total compensation. The Court approves the settlement agreement on the assumption that $5,481 is the correct amount given that Plaintiff’s counsel will receive $4,000 in fees and $519 in costs, for a total of $10,000. The Clerk of Court is directed to close the case. SO ORDERED. Dated: March 27, 2023 New York, New York

| J. PAUL OETKEN United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JULIA TOLOMEI, Plaintiff, 23-CV-52 (JPO) -v- ORDER HESS RESTORATIONS, INC., et al., Defendants.

J. PAUL OETKEN, District Judge: The Court has been notified that the parties have reached a settlement in this Fair Labor Standards Act (“FLSA”) case, and they have submitted a proposed settlement for the Court’s approval. (ECF No. 20.) The proposed settlement involves $10,000 to be allocated to Plaintiff Julia Tolomei in connection with her FLSA claims. (Id.) Forty percent of the settlement sum ($4,000) will be collected in attorney’s fees, in addition to $519 in costs paid to Plaintiff’s counsel.1 (ECF No. 20-1.) The Court has reviewed the terms of the proposed settlement and finds that they are fair and reasonable under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 203, 206 (2d Cir. 2015). To that end, the proposed settlement at ECF Number 20 is approved, and the case is hereby DISMISSED WITH PREJUDICE. The Court shall retain jurisdiction solely to resolve any disputes arising from the settlement agreement and the settlement of this action.

1 The executed settlement agreement states that Plaintiff will receive $2,750.50 as compensation for her work on behalf of Defendants and $2,750.50 as liquidated damages. That totals $5,500. Paragraph 4(b) of the agreement, however, states that Plaintiff will receive $5,481.00 in total compensation. The Court approves the settlement agreement on the assumption that $5,481 is the correct amount given that Plaintiff’s counsel will receive $4,000 in fees and $519 in costs, for a total of $10,000. The Clerk of Court is directed to close the case. SO ORDERED. Dated: March 27, 2023 New York, New York

| J. PAUL OETKEN United States District Judge

Tolomei v. Hess Restorations, Inc., (S.D.N.Y. 2023).

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