Mason et al v. Lumber Liquidators, Inc.

Filing 278

ORDER granting in part and denying in part 274 Motion for Settlement; granting 277 Motion for Settlement; ORDER dismissing case. The Court concludes that the settlement is fair and reasonable and was reached as a result of arms-length negotiat ions between the parties. The Parties' agreed form of Settlement Notice (DE #276-1 at ECF pp. 24-28) is approved. This action is dismissed without prejudice, with leave to reinstate on or before180 days after the first Settlement Notices are s ent pursuant to the terms of the Settlement. In the event a motion to reinstate is not filed on or before 180 days after the first Settlement Notices are sent, the case shall be deemed, without further order of the Court, to be dismissed with prejudice. The Clerk is directed to close the case. See attached. Ordered by Magistrate Judge Roanne L. Mann on 4/27/2022. (Proujansky, Josh)

Case 1:17-cv-04780-RLM Document 278 Filed 04/27/22 Page 1 of 2 PageID #: 3028

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
ASHLEIGH MASON, DAN MORSE, RYAN
CARROLL, OSAGIE EHIGIE, NEREDA
BODNAR, and TRAVIS STREETER, on behalf of
themselves and all others similarly situated,

Civ. No.: 17-cv-04780 (MKB)(RLM)

Plaintiffs,
-againstLUMBER LIQUIDATORS, INC.,
Defendant.
ORDER APPROVING SETTLEMENT, SERVICE AWARDS, AND
ATTORNEYS’ FEES AND COSTS
This matter comes before the Court on Plaintiffs’ Unopposed Motion for Approval of
Settlement, Service Payments, and Attorneys’ Fees and Costs (“Motion”). Having considered
Plaintiffs’ Motion and supporting Memorandum and exhibits, the Court hereby GRANTS
Plaintiffs’ Motion and ORDERS as follows:
1.

The Court finds that the Parties’ Settlement in this Fair Labor Standards Act

action is a fair, reasonable, and adequate resolution of a bona fide dispute. The Parties’
Settlement is approved, and the terms of the Parties’ Agreement are incorporated herein.
2.

The Parties’ agreed form of Settlement Notice, and the plan for its distribution,

are approved.
3.

The Service Awards of $10,000 each to Plaintiffs Nereda Bodnar (individually),

Nereda Bodnar (as substitute for the deceased Travis Streeter), Ashleigh Mason, Dan Morse,
Ryan Carroll, and Osagie Ehigie are approved.
4.

Plaintiffs’ Counsel’s request for attorneys’ fees, as set forth herein, plus their

reasonable out-of-pocket costs and expenses is granted. Specifically, Plaintiff’s attorneys’ fees
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Case 1:17-cv-04780-RLM Document 278 Filed 04/27/22 Page 2 of 2 PageID #: 3029

shall be one-third of the net settlement fund, after deduction of costs. For avoidance of doubt, the
gross settlement amount of $7,000,000 subtracted by the reasonable out-of-pocket costs and
expenses of $80,280.68, equals a net settlement fund of $6,919.719.32. One third of the net
settlement fund which shall be awarded to Plaintiffs’ counsel as their attorneys’ fee award is
$2,306,573.11.
5.

Further, based on the submission on April 27, 2022, the Court permits Jason

Gonzalez to participate in the settlement.
6.

This action is dismissed without prejudice, with leave to reinstate on or before

180 days after the first Settlement Notices are sent pursuant to the terms of the Settlement. In the
event a motion to reinstate is not filed on or before 180 days after the first Settlement Notices are
sent, the case shall be deemed, without further order of the Court, to be dismissed with prejudice.
7.

The Court will retain jurisdiction to enforce the Agreement.

/s/ Roanne L. Mann
_____________________________
The Honorable Roanne L. Mann
United States Magistrate Judge

April 27
Dated: ___________, 2022

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