Morse et al v. Alpine Access, Inc. et al

Filing 134

ORDER granting 130 Motion for approval of settlement. Signed by Judge Brenda K. Sannes on 11/27/2018. (rjb, )

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Case 5:17-cv-00235-BKS-ATB Document 134 Filed 11/27/18 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CAROL MORSE, and other similarly-situated individuals, Plaintiffs, 5:17-cv-00235 (BKS/ATB) v. ALPINE ACCESS, INC., and SYKES ENTERPRISES, INC., Jointly and Severally as, Defendants. Appearances: For Plaintiff[s]: Jason T. Brown Nicholas R. Conlon JTB Law Group, LLC 155 2nd Street, Suite 4 Jersey City, New Jersey 07302 Kevin J. Stoops Charles R. Ash, IV Sommers Schwartz, P.C. One Towne Square, Suite 1700 Southfield, Michigan 48076 For Defendant[s]: Andrew J. Voss Paul R. Piccigallo Littler Mendelson, P.C. 1300 IDS Center 80 South 8th Street Minneapolis, MN 55402-2136 Hon. Brenda K. Sannes, United States District Judge: ORDER Upon consideration of the joint stipulation for approval of settlement and dismissal of claims, (Dkt. No. 129), the unopposed motion for approval of the collective action settlement, Case 5:17-cv-00235-BKS-ATB Document 134 Filed 11/27/18 Page 2 of 2 (Dkt. No. 130), the supplemental letter brief requesting approval of attorneys’ fees, (Dkt. No. 132), Plaintiffs’ Lodestar calculation, (Dkt. No. 133-1), and Plaintiffs’ attorneys’ contemporaneous time records, (Dkt. No. 133-2; Dkt. No. 133-3), as well as the representations by counsel at the November 1, 2018 and November 26, 2018 telephone conferences, (see November 1, 2018 and November 26, 2018 Minute Entries), and for the reasons stated at the November 26, 2018 telephone conference, it is hereby ORDERED that the parties’ settlement is approved as a fair and reasonable resolution of a bona fide dispute regarding unpaid wages under the FLSA and state laws; and it is further ORDERED that the claims asserted by the Settling Plaintiffs in the Collective and Class Action Complaint are DISMISSED with prejudice; and it is further ORDERED that the claims asserted by the Non-Participating Opt-in Plaintiffs, Angelisa Collins, Sharlyn McCray, Kathryn Long-Krueger, Jessica Seward, Carolyn Carlisle, Talib AbuSufyaan, Daniel Terri, Darryl E. King, Melvin Miller, and Peggy Young, are DISMISSED without prejudice; and it is further ORDERED that the Clerk of the Court close this case. IT IS SO ORDERED. Dated: November 27, 2018 Syracuse, New York 2

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