Vasquez et al v. MobileShack Inc. et al

Filing 191

ORDER: On February 2, 2024, the parties submitted a proposed settlement agreement, Dkt. 190 ("Agreement"), in this Fair Labor Standards Act and New York Labor Law action. The Court has carefully reviewed the Agreement. The Court concludes, substantially for the reasons stated in the parties' letter, that the proposed settlement agreement is fair and reasonable. Under the Agreement, defendants agree to pay $43,381.24 to plaintiffs, and $20,881.24 in attorneys' fees t o plaintiffs' attorney, Bart Pittari, plus an additional $3,237.52 in filing and service costs. The Agreement therefore allocates less than one third of the settlement amount, net of costs, to plaintiff's counsel as attorneys' fee s. Upon careful review of the Agreement, the Court is satisfied that the Agreement was achieved through procedurally fair means and is fair and reasonable such that it satisfies the standard set forth in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). Accordingly, the Court approves the Agreement. The Clerk of Court is respectfully directed to terminate all pending motions and close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/06/2024) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SIL VA YN VASQUEZ, et al.,
-v-

Plaintiffs,

19 Civ. 10371 (PAE) (GS)
ORDER

MOBILESHACK INC., et al.,
Defendants.
PAUL A. ENGELMAYER, District Judge:

On February 2, 2024, the parties submitted a proposed settlement agreement, Dkt. 190
("Agreement"), in this Fair Labor Standards Act and New York Labor Law action. The Court
has carefully reviewed the Agreement. The Court concludes, substantially for the reasons stated
in the parties' letter, that the proposed settlement agreement is fair and reasonable. Under the
Agreement, defendants agree to pay $43,381.24 to plaintiffs, and $20,881.24 in attorneys' fees to
plaintiffs' attorney, Bart Pittari, plus an additional $3,237.52 in filing and service costs. The
Agreement therefore allocates less than one third of the settlement amount, net of costs, to
plaintiffs counsel as attorneys' fees. Upon careful review of the Agreement, the Court is
satisfied that the Agreement was achieved through procedurally fair means and is fair and
reasonable such that it satisfies the standard set forth in Cheeks v. Freeport Pancake House, Inc.,
796 F.3d 199 (2d Cir. 2015). Accordingly, the Court approves the Agreement. The Clerk of
Court is respectfully directed to terminate all pending motions and close this case.

SO ORDERED.

PAULA. ENGELMAYER
United States District Judge

Dated: February 6, 2024
New York, New York

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