Opinion
5:22-cv-0650
10-18-2023
ORDER
JOSEPH F. LEESON, JR. United States District Judge.
AND NOW, this 17th day of October, 2023, upon consideration of Plaintiff's Unopposed Motion for Final Approval of the Settlement and Other Associated Relief, see ECF No. 51; after a final fairness hearing; and for the reasons set forth in the Opinion issued this date; IT IS HEREBY ORDERED THAT:
1. Plaintiff's Unopposed Motion for Final Approval of the Settlement and Other Associated Relief is GRANTED, and the Class and Collective Action Settlement Agreement (“Agreement”) is APPROVED as fair, reasonable and adequate. In accordance with the Agreement, the following payments from the settlement fund are APPROVED;
a. Payment of $160,200.00 to class counsel;
b. A service award of $10,000.00 to Andrew Ricci;
2. The Settlement Class comprised of Named Plaintiff Andrew Ricci (“Plaintiff”) and the 276 individuals who: (i) are listed in Exhibit A to the Agreement; and (ii) have not excluded themselves from the settlement, is now CERTIFIED in accordance with Rule 23, Fed. R. Civ. P.;
3. Second stage certification is GRANTED for the Fair Labor Standards Act (“FLSA”) collective comprised of Plaintiff and the 139 individuals described in Exhibit B to the Agreement;
4. The law firm Winebrake & Santillo is APPOINTED as final class counsel;
5. This action is DISMISSED WITH PREJUDICE, pursuant to agreement of counsel. Pursuant to Rule 41.1(b), the Court will retain jurisdiction for ninety (90) days from the above date, for the purpose of enforcing the agreement.