Opinion
20-cv-2273 (LJL)
03-11-2021
CARLOS PENA CASTILLO and JOSE RENE ARIAS DUME, individually and on behalf of others similarly situated Plaintiffs, v. DONA JUANA GROCERY STORE INC. (D/B/A DONA JUANA), LOS COMPADRES 1 GROCERY STORE INC. (D/B/A LOS COMPADRES GROCERY), JUAN MANUEL ORTIZ, JUAN SOTO, and MERCEDES HERNANDEZ Defendants.
ORDER
:
The parties in this matter have reached a settlement in principle. See Dkt. No. 45. The case was brought pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Under current Second Circuit law, any settlement—including any proposed attorney's fee award—must be scrutinized by the Court to ensure that it is fair. See Fisher v. SD Protection Inc., 948 F.3d 593, 600 (2d. Cir. 2020); Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015).
Accordingly, it is hereby ORDERED that, on or before March 19, 2021, the parties must submit to the Court a joint letter explaining the basis for the proposed settlement and why it should be approved as fair and reasonable, with reference to the factors discussed in Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). The letter should address any confidentiality provisions, non-disparagement provisions, or releases in the proposed settlement agreement. The letter should also address, if applicable, any incentive payments to the plaintiffs and any attorney's fee award to plaintiffs' counsel (with documentation to support the latter, if appropriate) consistent with the principles set forth in Fisher, 948 F.3d at 600. It is not sufficient to state the proportion of the requested attorney's fee to the overall settlement amount. Rather, the reasonableness of attorney's fees must be evaluated with reference to "adequate documentation supporting the attorneys' fees and costs," which "should normally [include] contemporaneous time records indicating, for each attorney, the date, the hours expended, and the nature of the work done." Id.; see Strauss v. Little Fish Corp., 2020 WL 4041511, at *9 (S.D.N.Y. July 17, 2020) (discussing the requirements for adequately justifying an attorney's fee). Failure to provide the appropriate or sufficient documentation could result in the Court rejecting the proposed fee award.
The parties are directed to appear telephonically for a settlement approval hearing on March 26, 2021 at 2:00 p.m. Plaintiffs shall appear at the hearing and, if necessary, with an interpreter. The parties are directed to dial (888) 251-2909 and use the access code 2123101.
SO ORDERED. Dated: March 11, 2021
New York, New York
/s/_________
LEWIS J. LIMAN
United States District Judge