Chandler et al v. Total Relocation Services, LLC et al
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
JEFFREY CHANDLER, individually
and on behalf of all others
similarly situated, et al.,
TOTAL RELOCATION SERVICES, LLC,
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")
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
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
The parties have consented to my exercising plenary
jurisdiction pursuant to 28 U.S.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
(Docket Item ("D. I.")
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.
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
Letter"), at 4), and has listed these amounts for five out of the
(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
Additionally, counsel has failed to state the
damages each plaintiff claims for unpaid minimum wage and liqui-
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).
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.
New York, New York
June 22, 2017
United States Magistrate Judge
Copies transmitted to:
All Counsel of Record
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