Guaypatin v. Olshan Realty, LLC

USDC SDNY DOCUMENT SOUTHERN DISTRICT OF NEW YORK DOC #: Sone □□□ DR DATE FILED:_ 10/1/2020 JOHANNA GUAYPATIN, : Plaintiff, : : 20-cv-2771 (LJL) -V- : : ORDER OLSHAN REALTY, LLC, : Defendant. : LEWIS J. LIMAN, United States District Judge: The parties in this matter have reached a settlement in principle. Dkt. No. 22. Because this case involves claims under the Fair Labor Standards Act (“FLSA”), a stipulated dismissal settling a claim with prejudice requires the approval of the district court. Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). The Court evaluates the fairness of the settlement by applying the factors set forth in Fisher v. SD Protection, Inc., 948 F.3d 593, 600 (2d Cir. 2020); Cheeks, 796 F.3d at 206-07; and Wolinksy v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012): (1) The plaintiffs range of possible recovery; (2) the extent to which the settlement will enable the parties to avoid anticipated burdens and expenses in establishing their respective claims and defenses; (3) the seriousness of the litigation risks faced by the parties; (4) whether the agreement is the product of arm’s length bargaining between experienced counsel; and (5) the possibility of fraud or collusion.

The Court also separately evaluates the reasonableness of the request for attorney’s fees and costs. Fisher vy. SD Protection, Inc., 948 F.3d at 600. A proper fee request includes “contemporaneous billing records documenting, for each attorney, the date, the hours expended, and the nature of the work done.” Arango v. Scotts Company, LLC, 2019 WL 117466 (S.D.N.Y. Jan. 7, 2019) (quoting Lopez v. Nights of Cabiria, LLC, 96 F. Supp. 3d 170, 181 (S.D.N.Y. 2015)). Plaintiff is directed to submit the proposed settlement and the papers in support of it by November 2.

SO ORDERED. with pir n, Dated: October 1, 2020 □□ New York, New York LEWIS J. LIMAN United States District Judge