Buckley et al v. The National Football League

Filing 82

ORDER: Accordingly, it hereby ORDERED that by December 4, 2020, Plaintiffs shall file (1) documentation substantiating their claims for attorneys fees and costs and (2) their best numerical estimate of potential recovery at trial, including any doc umentary support of unpaid wages and overtime. (As further set forth in this Order.) Motions terminated: 81 MOTION to Approve Settlement Under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq and the State Wage-and-Hour Laws Unopposed Motion. filed by Richard Welsh, James Buckley, Walter Martin, Edward L. Du Bois, III, Johnny Smith, Don Fuhrman, Mario Di Fonzo, Mark Ninehouser, Rodney Davis. (Signed by Judge Lorna G. Schofield on 11/24/2020) (cf)

Case 1:18-cv-03309-LGS Document 82 Filed 11/24/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
JAMES BUCKLEY et al.,
:
Plaintiffs, :
:
-against:
:
THE NATIONAL FOOTBALL LEAGUE,
:
Defendant. :
-------------------------------------------------------------X

18 Civ. 3309 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on November 23, 2020, Plaintiffs filed an unopposed motion for settlement
of their wage-and-hour claims in this Fair Labor Standards Act (“FLSA”) case (Dkt. No. 81-1).
WHEREAS, in evaluating the adequacy of a proposed FLSA settlement, courts must
consider, inter alia, documentation supporting an award of attorneys’ fees and costs, see Cheeks
v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015), and the plaintiffs’ range of
possible recovery at trial, see Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y.
2012).
WHEREAS, Plaintiffs seek $15,000 in attorneys’ fees and costs but have not provided
documentary evidence supporting that claim.
WHEREAS, Plaintiffs estimate their recovery at trial to be up to “three (or four, in certain
cases) times unpaid overtime wages” but do not provide a calculation of that amount. (Dkt. No.
81-1 at 6). Accordingly, it hereby
ORDERED that by December 4, 2020, Plaintiffs shall file (1) documentation
substantiating their claims for attorneys’ fees and costs and (2) their best numerical estimate of
potential recovery at trial, including any documentary support of unpaid wages and overtime.
Dated: November 24, 2020
New York, New York