Opinion
19 Civ. 6702 (LGS)
11-16-2021
BRYAN NELL, et al., Plaintiffs, v. CITY OF NEW YORK, Defendant.
ORDER
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. S.D. 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.