Opinion
22-CV-9271 (VEC)
12-14-2022
JEAN LUIS LOPEZ, individually and on behalf of all others similarly situated, Plaintiff, v. TRISTATE LINEN, INC. and VASO NIKPRELOVIC, Defendants.
ORDER
VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE:
WHEREAS on December 9, 2022, the parties submitted a proposed settlement agreement for the Court's approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), see Settlement Agreement, Dkt. 14;
WHEREAS the proposed settlement provides for a total recovery of $9,000, with forty percent of the recovery ($3,600) awarded to Plaintiff's counsel for fees, along with $626 for costs, for a total of $4,226 in fees and costs, see Settlement Agreement at 3;
WHEREAS Plaintiff estimates that his claims, assuming a full recovery, are valued at approximately $7,240, Id. at 3, and Plaintiff's recovery of $4,774 represents 65.94% of the full value of his claims; and
WHEREAS on December 12, 2022, Plaintiff's counsel submitted a supplemental letter, pursuant to an order of this Court, Order, Dkt. 16, stating that Plaintiff's counsel has been practicing as an attorney since 2001 and has been practicing as an attorney in wage and hour matters for more than five years, Letter, Dkt. 17 at 1.
IT IS HEREBY ORDERED that although Plaintiff's attorneys' fees are at the top of what the Court considers to be reasonable, the proposed settlement agreement is approved as fair and reasonable. The Clerk of Court is respectfully directed to close this case and to amend the case caption to delete the language “individually and on behalf of all others similarly situated” after the Plaintiff's name, as this settlement is only operative between the individual Plaintiff Jean Luis Lopez and Defendants Tristate Linen, Inc. and Vaso Nikprelovic.
SO ORDERED.