Surdu, et al v. Madison Global, LLC, et al.

Filing 82

OPINION AND ORDER re: 79 FINAL MOTION for Attorney Fees , Service Awards and Class Administrator fees. FINAL MOTION to Certify Class pursuant to Rule 23.FINAL MOTION for Settlement approval pursuant to FLSA and Rule 23 set tlement. filed by Constantine Haralabopolous, Dino Tito, Adnan Dibra, Susanna De Martino, Alexandru Surdu, Luca Federico, Francesco Desideri, Anastasia Mayfat, Luis Lopez, Juan Carlos Rios, Bilguun Ganhuyag, Stefano Naia, Gian Maria Mo ntoro, Ciprian Grosu. Plaintiffs' motions are granted as follows: 1. Pursuant to Fed.R.Civ.P. 23(a) and (b) (3), the following class is certified for settlement purposes: all individuals who worked for defendants as "tipped employees," ; including "servers, runners, bussers and bartenders," between August 19, 2009 until September 1, 2017. 2. The Settlement Agreement is unconditionally approved. 3. The "Effective Date" of the settlement shall be the date thirty days after entry of this Final Approval Order approving the Settlement Agreement, if no appeal is filed. If an appeal is taken, the "Effective Date" shall be the next business day after all appeals are finally resolved in favor of final app roval. 4. In accordance with the terms of the Settlement Agreement and after the Effective Date of this Order, the claims administrator shall distribute the funds in the settlement amount by making the following payments: Paying the claims administr ator fee of $5,588.23; Paying $66,340.30 to class counsel as payment of attorneys' fees; and Paying a service award of $8,500.00 to Alexandru Surdu, Dino Tito, Anastasia Mayfat, Ciprian Grosu and Luis Lopez. 5. Following the dis bursement set forth above, the claims administrator shall distribute the remaining funds in the settlement account to collective and class members in accordance with the allocation plan described in the Settlement Agreement. 6. I shall retain jurisdi ction over this action for the purpose of enforcing the Settlement Agreement and overseeing the distribution of settlement funds. The parties shall abide by all terms of the Settlement Agreement, which are incorporated by reference herein, and this O rder. 7. This litigation shall be dismissed with prejudice on April 23, 2018. 8. The Clerk of the Court is respectfully requested to close Docket Item 79. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 3/23/18) Copies transmitted to: All Counsel of Record.(yv)