De los Santos Comonfort et al v. Services Mangia, Inc. et al

Filing 39

ORDER: Accordingly, the Court finds that the revised settlement agreement comports with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) and approves the agreement. The Court hereby dismisses the case with prejudice. The Clerk of Court is respectfully directed to terminate the motion, Doc. 38, and to close the case. (Signed by Judge Edgardo Ramos on 10/13/2020) (mro)

Case 1:19-cv-09262-ER Document 39 Filed 10/13/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
RICARDO DE LOS SANTOS COMONFORT,
individually and on behalf of others similarly
situated,
Plaintiffs,
– against –
ORDER
SERVICES MANGIA, INC. (D/B/A MANGIA
48TH MADISON), MANGIA 57, INC.
(D/B/A MANGIA 57TH STREET), JOANNA
SASHA & FRIENDS FOOD SVC INC.
(D/B/A MANGIA 57TH STREET), SASHA
MUNIAK, PAWELL KOSZALKA,
MARGARET DOE, and SILVIA DOE,

19 Civ. 9262 (ER)

Defendants.

RAMOS, D.J.:
On September 11, 2020, the parties submitted an application to the Court for preliminary
settlement approval. 1 Doc. 35. On September 29, 2020, the Court declined to approve the
agreement without prejudice because the requested attorney’s fees of $29,999 was too high
compared to the lodestar amount of $6,865. Doc. 37 at 3-4.
In response to the Court’s Order, the parties submitted an amended motion and revised
settlement agreement, which lowered the attorney’s fees to $20,000 net of costs, yielding a
multiplier of 2.9. Doc. 38. �is Court has approved attorney’s fees requests with similar
multipliers. Hernandez v. Vill. Natural Rest. Corp., No. 19 Civ. 8378 (ER), 2020 WL 5518314,
at *2 (S.D.N.Y. Sept. 14, 2020) (reducing the multiplier to 3); Fujiwara v. Sushi Yasuda Ltd., 58
F. Supp. 3d 424, 439 (S.D.N.Y. 2014) (reducing multiplier to 2.28).
�e Court assumes familiarity with the record and its prior Order, which details the facts and procedural history of
this case. See Doc. 37.
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Case 1:19-cv-09262-ER Document 39 Filed 10/13/20 Page 2 of 2

Accordingly, the Court finds that the revised settlement agreement comports with Cheeks
v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) and approves the agreement. �e
Court hereby dismisses the case with prejudice. �e Clerk of Court is respectfully directed to
terminate the motion, Doc. 38, and to close the case.
It is SO ORDERED.

Dated:

October 13, 2020
New York, New York
EDGARDO RAMOS, U.S.D.J.

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