Lobbe et al v. Cablevision System Corporation et al

Filing 194

ORDER GRANTING REQUEST FOR RETURN OF SETTLEMENT OVERPAYMENT: On June 25, Defendants filed a letter notifying the Court that the parties had "reached an agreement in principle" as to repayment. ECF No. 190. However, the parties were never able to memorialize the settlement in writing and their agreement fell apart. Accordingly, on July 31, 2020, Defendants submitted a letter reflecting that it appeared that Mr. Gayle "does not intend to cooperate in the resolution of this issu e," and asking the Court to enter a judgment in the amount of the overpayment, plus fees, interest, and costs. ECF No. 192. Having considered the submissions of Defendants and Mr. Gayle, I order Mr. Gayle to make the requested repayment to Def endants of $16,037.86, plus interests, fees, and costs. Defendants are instructed to submit a proposed order of judgment within 14 days of the issuance of this order, which proposed order shall give Gayle 10 days from the date of issuance to make the repayment in full. (As further set forth in this Order.) (Signed by Judge Alvin K. Hellerstein on 8/3/2020) (cf)

Case 1:16-cv-02207-AKH Document 194 Filed 08/03/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------- X
:
THOMAS LOBBE, EDWIN VEGA, ANTHONY :
COLON, RUBEN DEJESUS, WILLIAM
:
GILBERT GARVIN, and DION PEMBERTON,
:
individually and on behalf of all others similarly
:
situated, and KESTER CHARTER, KESTER
:
COUTAIN, MELVIN ENCARNACIÓN, JAMAL :
HOWELL, and JUAN VALDEZ,
:
:
Plaintiff,
:
-against:
:
CABLEVISION SYSTEMS NEW YORK CITY
:
CORPORATION, CABLEVISION SYSTEMS
:
CORPORATION, CSC HOLDINGS, LLC,
:
ALTICE USA, and ALTICE TECHNICAL
:
SERVICES USA,
:
:
Defendants.
:
:
-------------------------------------------------------------- X
ALVIN K. HELLERSTEIN, U.S.D.J.:

ORDER GRANTING REQUEST
FOR RETURN OF SETTLEMENT
OVERPAYMENT
16 Civ. 2207 (AKH)

This collective action brought under the Fair Labor Standards Act ended in a
settlement, which I approved on January 11, 2019. See ECF Nos. 176, 184. Section 8.3 of the
settlement agreement provided that this Court would retain jurisdiction over, inter alia, disputes
arising under the agreement. ECF No. 183-1, at § 8.3. On June 1, 2020, Defendants submitted a
letter to the Court stating that Marlon Gayle, an opt-in plaintiff to the class settlement, see id. at
§ 1.A.1.13, “as a result of an error in the administration of the settlement payment,” received an
overpayment of $16,037.86. See ECF No. 188, at 1. The error was due to another employee of
Defendants having “the same first name, same middle initial, and same last name as Mr. Gayle.”
Id. at 2. Both Plaintiffs’ counsel and Defendants’ counsel thereafter asked Mr. Gayle to refund
the overpayment so that the funds could be redistributed to the class, but he refused to comply
and likewise refused all attempts at compromise. See id. at 2-4.

Case 1:16-cv-02207-AKH Document 194 Filed 08/03/20 Page 2 of 2

On June 3, I ordered Gayle to “show cause … why a judgment in the amount of
the overpayment, plus fees, interest, and costs, should not be ordered against him.” See ECF No.
189. On June 16, Gayle submitted a letter to the Court, pro se, which, in relevant part, conceded
that he had been “confused with another Marlon Gayle.” ECF No. 191, at 3. 1 Although Gayle’s
letter takes issue with certain representations made by Defendants—e.g., Defendants’ claim that
Gayle used part of the overpayment to pay for a vacation—Gayle does not meaningfully dispute
that he did in fact receive an overpayment in the amount alleged.
On June 25, Defendants filed a letter notifying the Court that the parties had
“reached an agreement in principle” as to repayment. ECF No. 190. However, the parties were
never able to memorialize the settlement in writing and their agreement fell apart. Accordingly,
on July 31, 2020, Defendants submitted a letter reflecting that it appeared that Mr. Gayle “does
not intend to cooperate in the resolution of this issue,” and asking the Court to enter a judgment
in the amount of the overpayment, plus fees, interest, and costs. ECF No. 192.
Having considered the submissions of Defendants and Mr. Gayle, I order Mr.
Gayle to make the requested repayment to Defendants of $16,037.86, plus interests, fees, and
costs. Defendants are instructed to submit a proposed order of judgment within 14 days of the
issuance of this order, which proposed order shall give Gayle 10 days from the date of issuance
to make the repayment in full.

SO ORDERED.
Dated:

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August 3, 2020
New York, New York

_____________/s/______________
ALVIN K. HELLERSTEIN
United States District Judge

The letter was dated June 16, 2020, but not docketed until June 26, 2020.

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