Buckley et al v. The National Football League

Filing 94

ORDER re: 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. It is hereby ORDERED that the settlement of Plaintiffs' FLSA claims, as set forth in their individual settlement agreements (the "Settlement Agreement s," Dkt. Nos. 81-3 to -11), is APPROVED as fair and reasonable based on the nature and scope of Plaintiffs' claims and the risks and expenses involved in additional litigation. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 20607 (2d Cir. 2015); Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 33536 (S.D.N.Y. 2012) (outlining the factors that district courts have used to determine whether a proposed settlement is fair and reasonable). It is further ORDERED th at Plaintiffs' counsel's request for $15,000.00 is GRANTED. The remainder of the settlement shall be distributed to Plaintiffs pursuant to the Settlement Agreements. It is further ORDERED that the Wage and Hour Claims are dismisse d with prejudice pursuant to the Settlement Agreements, without costs to any party or against any other party except as stated in the Settlement Agreements. The Clerk of Court is respectfully directed to close the docket entry at #81. (Signed by Judge Lorna G. Schofield on 12/8/2020) (va) Transmission to Finance Unit (Cashiers) for processing.

Case 1:18-cv-03309-LGS Document 94 Filed 12/08/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
JAMES BUCKLEY et al., on behalf of
:
themselves and all others similarly situated,
:
Plaintiffs, :
:
-against:
:
THE NATIONAL FOOTBALL LEAGUE,
:
:
Defendant. :
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LORNA G. SCHOFIELD, District Judge:

18 Civ. 3309 (LGS)
ORDER

WHEREAS, on November 23, 2020, the parties filed a letter motion for approval of a
proposed settlement (Dkt. No. 81) of Plaintiffs’ claims against Defendant for alleged violations of
the Fair Labor Standards Act, 28 U.S.C. § 201, et seq. (“FLSA”), the New York Labor Law § 190
et seq., N.J.S.A. 34:11-4.1 et seq., Md. Code Labor and Employment §3-501 et seq., Mich.
Comp. Laws §408.471 et seq., Penn. Stat. Ann. § 231.1 et seq. and Nev. Rev. Stat. § 608.005 et
seq. (collectively, the “Wage and Hour Claims”). It is hereby
ORDERED that the settlement of Plaintiffs’ FLSA claims, as set forth in their individual
settlement agreements (the “Settlement Agreements,” Dkt. Nos. 81-3 to -11), is APPROVED as
fair and reasonable based on the nature and scope of Plaintiffs’ claims and the risks and expenses
involved in additional litigation. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199,
206–07 (2d Cir. 2015); Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 335–36 (S.D.N.Y.
2012) (outlining the factors that district courts have used to determine whether a proposed
settlement is fair and reasonable). It is further
ORDERED that Plaintiffs’ counsel’s request for $15,000.00 is GRANTED. The
remainder of the settlement shall be distributed to Plaintiffs pursuant to the Settlement
Agreements. It is further

Case 1:18-cv-03309-LGS Document 94 Filed 12/08/20 Page 2 of 2

ORDERED that the Wage and Hour Claims are dismissed with prejudice pursuant to the
Settlement Agreements, without costs to any party or against any other party except as stated in
the Settlement Agreements.
The Clerk of Court is respectfully directed to close the docket entry at #81.
Dated: December 8, 2020
New York, New York

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