Cardoso v. Studio 34 Hair Salon, Inc. et al

Filing 28

ORDER: Having reviewed the terms of the Agreement, including the award of fees to plaintiffs' counsel, the Court finds that they are fair and reasonable as required by Cheeks, 796 F.3d at 199. Accordingly, the proposed settlement is APPROVED . It is hereby ORDERED that this action is DISMISSED with prejudice and without costs. The Clerk of Court is respectfully directed to close the case. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 10/13/2020) (cf)

Case 1:19-cv-09684-BCM Document 28 Filed 10/13/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
10/13/20

MARCELA CARDOSO, on behalf of
herself and others similarly situated,
Plaintiff,
-against-

19-CV-9684 (BCM)
ORDER

STUDIO 34 HAIR SALON, INC., et al.,
Defendants.
BARBARA MOSES, United States Magistrate Judge.
The Court has received and reviewed the parties' joint letter dated October 7, 2020 (Joint
Ltr.) (Dkt. No. 27), seeking approval of the parties' fully-executed Settlement Agreement
(Agreement) (Dkt. No. 27-1) pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199
(2d Cir. 2015). The Agreement requires defendants Studio 34 Hair Salon, Inc., Studio 34 Salon
Inc., Garik Rakhamimov, and Nasiba Azizbekova (collectively, "defendants") to pay $11,000.00
to settle this action. Ag. ¶ A(1). Of that sum, $7,333.70 will go to plaintiff Marcela Cardoso in full
settlement of her claims under the Fair Labor Standards Act (FLSA) and the New York Labor Law
(NYLL), id. ¶ A(2), and $3,666.30 will go to plaintiffs' attorneys for their fees. Id.; see also Joint
Ltr. at 3. Plaintiff's counsel do not separately request any expense reimbursement. The $11,000
payment will be made in a single lump sum, due within thirty days of the Court's approval of the
Agreement, subject to the receipt by defendants' counsel of various tax forms and "confirmation
that [this] Action has been discontinued and/or dismissed." Ag. ¶¶ A(1), A(3).
The Agreement includes a unilateral but limited release, in which plaintiff releases
defendants, as well as certain affiliates, from all claims "solely concerning wage and hour
matters[.]" Ag. ¶ C(1). The release expressly excludes "any non-wage and hour claims" and "any

Case 1:19-cv-09684-BCM Document 28 Filed 10/13/20 Page 2 of 2

claims that may arise after the date Plaintiff signs this Agreement." Ag. ¶ C(2). There is no
confidentiality clause or other contractual restriction on any party’s ability to speak about the case
or its settlement. The proposed attorneys' fee award is equivalent to one-third of the gross
settlement and is lower than counsel's lodestar.
Having reviewed the terms of the Agreement, including the award of fees to plaintiffs'
counsel, the Court finds that they are fair and reasonable as required by Cheeks, 796 F.3d at 199.
Accordingly, the proposed settlement is APPROVED.
It is hereby ORDERED that this action is DISMISSED with prejudice and without costs.
The Clerk of Court is respectfully directed to close the case.
Dated: New York, New York
October 13, 2020
SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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