Chandler et al v. Total Relocation Services, LLC et al

Filing 65

OPINION AND ORDER re: 62 NOTICE of Settlement. Counsel has failed to state the damages each plaintiff claims for unpaid minimum wage and liquidated damages. Thus, it is impossible to determine whether the allocation of the settlement proceeds is reasonable and bears a rational relationship to the amount claimed by each plaintiff. Accordingly, within 30 days of the date of this Order, the parties are to provide the amount of damages claimed by each plaintiff and the basis therefore. (Signed by Magistrate Judge Henry B. Pitman on 6/22/2017) Copies Transmitted By Chambers. (ras)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

-----------------------------------x
JEFFREY CHANDLER, individually
and on behalf of all others
similarly situated, et al.,
Plaintiffs,

15 Civ.

-against-

6791

(HBP)

OPINION
AND ORDER

TOTAL RELOCATION SERVICES, LLC,
et al.,
Defendants.

-----------------------------------x
PITMAN, United States Magistrate Judge:

Plaintiffs commenced this action pursuant to the Fair
Labor Standards Act

(the "FLSA"), 29 U.S.C.

the New York Labor Law (the "NYLL")

§§

§§

190 et

201
~·

et~.,

and

against

defendants to recover unpaid minimum wage and overtime premium
pay, spread-of-hours pay and penalties for failure to provide
wage statements and notices under the Wage Theft Prevention Act
(the "WTPA").

Plaintiffs brought the action as a collective

action pursuant to 29 U.S.C.

§

216(b) with respect to the FLSA

claims and as a Rule 23 class action with respect to the NYLL
claims.
The parties have consented to my exercising plenary
jurisdiction pursuant to 28 U.S.C.

§

636(c).

The parties have reached a settlement prior to the
matter being conditionally certified as a collective action or
certified as a class action and now seek approval of their
proposed settlement

(Docket Item ("D. I.")

62).

However, the

parties have not provided sufficient information to enable me to
determine whether the proposed settlement is fair and reasonable.
The parties have failed to provide the amount of damages each
plaintiff claims, other than statutory penalties for alleged
violations of the WTPA, and the basis therefore.

Specifically,

while counsel has stated that "[n]on-driver plaintiffs will
recover the full amount of unpaid overtime wages that was calculated using Defendant's records"

(Letter from Jonathan Schulman,

Esq., to the undersigned, dated Feb. 3, 2017

(D. I.

62)

("Schulman

Letter"), at 4), and has listed these amounts for five out of the
seven plaintiffs

(Schulman Letter, Ex. 2), it is not clear

whether all five of those plaintiffs are non-drivers.

It is also

not clear whether the remaining two plaintiffs, Raymond Perez and
Chris Santana, claim any damages for allegedly unpaid overtime
premium pay.i

Additionally, counsel has failed to state the

damages each plaintiff claims for unpaid minimum wage and liqui-

1

Plaintiffs allege that Perez and Santana were not paid
overtime premium pay (Class and Collective Action Complaint,
dated Aug. 27, 2015 (D.I. 1) Cf[<[ 85, 87, 94, 96).
2

dated damages.

Thus, it is impossible to determine whether the

allocation of the settlement proceeds is reasonable and bears a
rational relationship to the amount claimed by each plaintiff.
Accordingly, within 30 days of the date of this Order,
the parties are to provide the amount of damages claimed by each
plaintiff and the basis therefore.
Dated:

New York, New York
June 22, 2017
SO ORDERED

HENRYPMAN
United States Magistrate Judge
Copies transmitted to:
All Counsel of Record

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