Gomez Abreu v. Monarch Realty Holdings, LLC et al

Filing 27

ORDER: Accordingly, it is hereby ORDERED that, on or before January 4, 2022, the parties must submit to the Court a joint letter explaining the basis for the proposed settlement and why it should be approved as fair and reasonable, with reference to the factors discussed in Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). The letter should address any confidentiality provisions, non-disparagement provisions, or releases in the proposed settlement agreement. The letter should also address, if applicable, any attorney's fee award to plaintiff's counsel (with documentation to support the latter, if appropriate) consistent with the principles set forth in Fisher, 948 F.3d at 600. It is not s ufficient to state the proportion of the requested attorney's fee to the overall settlement amount. Rather, the reasonableness of attorney's fees must be evaluated with reference to "adequate documentation supporting the attorney s' fees and costs,' which should normally [include] contemporaneous time records indicating, for each attorney, the date, the hours expended, and the nature of the work done." Id.; see Strauss v. Little Fish Corp., 2020 WL 4041511 , at *9 (S.D.N.Y. July 17, 2020) (discussing the requirements for adequately justifying an attorneys fee). Failure to provide the appropriate or sufficient documentation could result in the Court rejecting the proposed fee award. The parties are directed to appear telephonically for a settlement approval hearing on January 11, 2022 at 4:00 p.m. Plaintiff shall appear at the hearing and, if necessary, with an interpreter. The parties are directed to dial (888) 251-2909 and use the acc ess code 2123101. Any pending motions are DISMISSED as moot, and all other conferences and deadlines are CANCELLED. So Ordered. (Telephone Conference set for 1/11/2022 at 04:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 11/19/2021) (js)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : ANIBAL GOMEZ ABREU, : : Plaintiff, : : -v: : MONARCH REALTY HOLDINGS, LLC et al, : : Defendants. : : ---------------------------------------------------------------------- X 11/19/2021 21-cv-2418 (LJL) ORDER LEWIS J. LIMAN, United States District Judge: The parties in this matter have reached a settlement in principle. See Dkt. No. 26. The case was brought pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Under current Second Circuit law, any settlement—including any proposed attorney’s fee award—must be scrutinized by the Court to ensure that it is fair. See Fisher v. SD Protection Inc., 948 F.3d 593, 600 (2d. Cir. 2020); Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). Accordingly, it is hereby ORDERED that, on or before January 4, 2022, the parties must submit to the Court a joint letter explaining the basis for the proposed settlement and why it should be approved as fair and reasonable, with reference to the factors discussed in Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012). The letter should address any confidentiality provisions, non-disparagement provisions, or releases in the proposed settlement agreement. The letter should also address, if applicable, any attorney’s fee award to plaintiff’s counsel (with documentation to support the latter, if appropriate) consistent with the principles set forth in Fisher, 948 F.3d at 600. It is not sufficient to state the proportion of the requested attorney’s fee to the overall settlement amount. Rather, the reasonableness of attorney’s fees must be evaluated with reference to “adequate documentation supporting the attorneys’ fees and costs,” which “should normally [include] contemporaneous time records indicating, for each attorney, the date, the hours expended, and the nature of the work done.” Id.; see Strauss v. Little Fish Corp., 2020 WL 4041511, at *9 (S.D.N.Y. July 17, 2020) (discussing the requirements for adequately justifying an attorney’s fee). Failure to provide the appropriate or sufficient documentation could result in the Court rejecting the proposed fee award. The parties are directed to appear telephonically for a settlement approval hearing on January 11, 2022 at 4:00 p.m. Plaintiff shall appear at the hearing and, if necessary, with an interpreter. The parties are directed to dial (888) 251-2909 and use the access code 2123101. Any pending motions are DISMISSED as moot, and all other conferences and deadlines are CANCELLED. SO ORDERED. Dated: November 19, 2021 New York, New York __________________________________ LEWIS J. LIMAN United States District Judge 2

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