Ray et al v. 1650 Broadway Associates Inc. et al

Filing 193

ORDER re: 192 Letter, filed by Andrew Barry Fritz, David Colbert, Kevin Ray, Amanda Brasher, Rachel Balko, Eric Engelhardt, Breann Zerby, Catherine Yates, Jonathan Shade, Courtney Dease, Jennifer Barry, Claflin Phillip, Brian Espos ito, Tara Anna Minogue, Zakary Resnick, Mathilda Heenehan, Bianca DiSarro, Anne Fraser Thomas, Zachery A. Snyder, Christina Albanese, Jack Bailey, Cameron S. McCabe, Erin Wagner, DeOnzell L. Green, Chelsea Lynne Myers, Christopher Ian Castro Sa nchez, Samuel Ladd, James Cargill, Kristine Bogan, James Ferko Jr., Kristen Plati, Alexis Ebers, Nyseli Vega, Stacy Keele, Abby Burke, Jordan Houghton, Cary Von Murray, Ashanti Johnson, Libby Ferguson, Amanda Trinkle, Adam Rennie, Jenn ifer Agatte, Lacey Angerosa, Elizabeth Davies, Shannen Doyle, Adam Cavalieri, Zachary Carter, Maria Schirripa, Zechariah Azazi, Lauryn Linley, Monique Morgan, Matt Patterson, Danica Dora, Sara Lynn Peruo, John H. Thyen, Scott R. Johnson, Nick Dothee, Erika Santosuosso, Anna Schnaitter, Chelsey Keding, Tiffany Shepherd, Kyra Kozlenko, Amanda Myers, Meghan Doherty, Kenton Fridley, Andrew Apicella, Michael Cunningham, Mark G. Ludden, Frank Thompson, Leanne Smith, Nicole Ra viv, Anthony Apicella, Daniel Brooks, David Socolar, Heather Shields, Mollie Craven, Darcy Wrght, Katie Sherman, Carly Kincannon, Arjana Vizulis, Grace Wall. Having reviewed Plaintiffs' letter and affidavit regarding the settlement ag reement approved in this class action, (Doc. 192), it is hereby ORDERED that a. Defendants shall provide to Plaintiffs' counsel and the Settlement Administrator the most current mailing address for the following class members: Jennifer Bergum, Z ach Carter, Megan Dwinal, Jonathan Fleites, Preston Hammond, Daniel Hersh, Nathan Hilger, Brandy Massey, Gabrielle Saramango, Morgan Smith, Ryan Smith, David Socolar, Paul Williams, Jennifer Agate, Zach Carter, Christopher Mauro, Matt Patterson, Carl y Kincannon, and Sabrina Surace (the "Nineteen Class Members"); b. The Settlement Administrator shall mail checks to the Nineteen Class Members for the after-tax amounts still due to them (unless the Settlement Administrators records show r eceipt and cashing of both settlement checks), said checks to have a void date sixty days from the date of their being mailed; c. No later than ninety days after the mailing of said checks, Plaintiffs counsel shall file a letter, supported by an aff idavit from the Settlement Administrator, as to whether said checks were received and deposited by the Nineteen Class Members, along with information stating i) how many estimated total members of the class were eligible to receive payments under the settlement agreement; ii) how many class members did receive payments; iii) how much of the settlement fund remains; iv) what steps, if any, could be taken to disburse those settlement funds to class members; and v) the propriety of making a cy pres distribution of any remaining settlement funds; and d. The Settlement Administration shall provide counsel for all parties with confirmation of distribution of the remaining settlement fund. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/21/2022) (kv) Modified on 6/21/2022 (kv).

Case 1:16-cv-09858-VSB Document 193 Filed 06/21/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
KEVIN RAY, BRIAN ESPOSITO, SAMUEL :
LADD, and JENNA MILLER, Individually
:
and on Behalf of Others Similarly Situated,
:
:
Plaintiffs,
:
:
- against :
:
:
1650 BROADWAY ASSOCIATES INC. d/b/a :
Ellen’s Stardust Diner and Kenneth Sturm,
:
Jointly and Severally,
:
:
Defendants. :
:
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16-CV-9858 (VSB)
ORDER

VERNON S. BRODERICK, United States District Judge:
Having reviewed Plaintiffs’ letter and affidavit regarding the settlement agreement
approved in this class action, (Doc. 192), 1 it is hereby ORDERED that
a. Defendants shall provide to Plaintiffs’ counsel and the Settlement Administrator the
most current mailing address for the following class members: Jennifer Bergum,
Zach Carter, Megan Dwinal, Jonathan Fleites, Preston Hammond, Daniel Hersh,
Nathan Hilger, Brandy Massey, Gabrielle Saramango, Morgan Smith, Ryan Smith,
David Socolar, Paul Williams, Jennifer Agate, Zach Carter, Christopher Mauro, Matt
Patterson, Carly Kincannon, and Sabrina Surace (the “Nineteen Class Members”);
b. The Settlement Administrator shall mail checks to the Nineteen Class Members for
the after-tax amounts still due to them (unless the Settlement Administrator’s records

1

Any capitalized terms not defined herein take on the same meanings provided in my May 28, 2021 Final Judgment.
(Doc. 188.)

Case 1:16-cv-09858-VSB Document 193 Filed 06/21/22 Page 2 of 2

show receipt and cashing of both settlement checks), said checks to have a void date
sixty days from the date of their being mailed;
c. No later than ninety days after the mailing of said checks, Plaintiffs’ counsel shall file
a letter, supported by an affidavit from the Settlement Administrator, as to whether
said checks were received and deposited by the Nineteen Class Members, along with
information stating i) how many estimated total members of the class were eligible to
receive payments under the settlement agreement; ii) how many class members did
receive payments; iii) how much of the settlement fund remains; iv) what steps, if
any, could be taken to disburse those settlement funds to class members; and v) the
propriety of making a cy pres distribution of any remaining settlement funds; and
d. The Settlement Administration shall provide counsel for all parties with confirmation
of distribution of the remaining settlement fund.
SO ORDERED.
Dated: June 21, 2022
New York, New York
______________________
Vernon S. Broderick
United States District Judge

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