Shillingford v. Astra Home Care, Inc. et al

Filing 109

ORDER: Accordingly, the Settlement Agreement between Plaintiffs, excluding Plaintiff Spencer, and Defendants, is approved. The parties are directed to file a fully executed copy of the proposed stipulation of partial dismissal. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/4/2019) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
ELLA SHILLINGFORD, et al.,
:
:
:
Plaintiffs,
:
:
v.
:
ASTRA HOME CARE, INC. d/b/a “TRUE
:
CARE HOME HEALTH CARE,” MICHAEL :
:
WERZBERGER, REBECCA
:
ROSENZWEIG, and JOHN DOES #1-10,
:
Defendants. :
:
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16 Civ. 6785 (KPF)
ORDER

KATHERINE POLK FAILLA, District Judge:
On November 26, 2019, Plaintiffs, excluding Plaintiff Erica Jacob
Spencer, and Defendants filed a joint motion for approval of their settlement
agreement, as well as a copy of the settlement agreement itself. (Dkt. #107).
The Court has reviewed the settlement documents for fairness in accordance
with the FLSA and Second Circuit law, see, e.g., Cheeks v. Freeport Pancake
House, 796 F. 3d 199 (2d Cir. 2015), Lopez v. Nights of Cabiria, 96 F. Supp. 3d
170 (S.D.N.Y. 2015), and Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332
(S.D.N.Y. 2012), and finds that the proposed judgment is fair. The Court notes
that the attorneys’ fees, provided for in this letter, were calculated using the
lodestar method, and represent slightly more than one-third of the total
judgment amount, after reimbursement for out-of-pocket expenses (36.5% of
the total judgment, net costs). Nevertheless, the total fees sought, when
compared to the lodestar as supported by detailed billing records, results in a

lodestar multiplier of less than one. Therefore, the Court concludes the request
for attorney’s fees and costs is reasonable. It should be noted, however, that
the Court is not in this endorsement opining specifically on the reasonableness
of the rates charged by the attorneys and paralegals representing Plaintiffs.
Accordingly, the Settlement Agreement between Plaintiffs, excluding
Plaintiff Spencer, and Defendants, is approved. The parties are directed to file
a fully executed copy of the proposed stipulation of partial dismissal.
SO ORDERED.
Dated:

December 4, 2019
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge

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