UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CLINTON RICHARDSON, individually and on behalf of others similarly situated, Plaintiff, ORDER – against – 20 Civ. 5756 (ER) ATLAS BUILDERS LLC, ALEXANDER ALEXANDROV, and MIKHAIL A. YUSIM, jointly and severally, Defendants. Ramos, D.J.: On October 1, 2020, the parties submitted an application to the Court to approve their Agreement settling unpaid overtime claims brought under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”), as well as claims under the NYLL’s wage statement requirements. Doc. 12. On October 2, 2020, the Court rejected the parties’ application without prejudice. Doc. 13. �e court found that the parties had submitted insufficient evidence to support their damages calculations and illustrate the possible range of recovery, as required by Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015). Id. at 3. However, the court found that if the parties ultimately showed that the settlement amount was reasonable, the Court would find that the proposed attorney’s fees were reasonable as well. Id. at 3–5. �e court also found that the release language, which included a non-disparagement provision allowing for the parties to make truthful statements regarding the litigation, was reasonable. Id. at 4–5. In response to the Court’s order, the parties submitted a renewed application on October 9, 2020. Doc. 14. �e renewed application included a spreadsheet demonstrating the parties’ calculations of the damages at issue. Doc. 15-2. �e spreadsheet shows that the parties arrived at an unpaid wage damages figure of $6,405 through consideration of Plaintiff’s unpaid hourly wage and overtime figures (taking into account each of his different hourly rates), based on Plaintiff’s best recollection of his hours

worked. Id. at 15-2; see also Doc. 14 at 2–3. It also shows that he received $6,405 in liquidated damages under the FLSA and NYLL, and amounts of $5,000 in both statutory wage notice and wage statement damages.1 Doc. 15-2. Finally, the spreadsheet shows $1,719.08 in statutory interest on his NYLL claims at 9% per annum of $1,719.08. Id. �e Court find that this spreadsheet provides sufficient evidence of how the parties arrived at their total wage damages figure of $24,529.08. See Guinea v. Garrido Food Corp., No. 19 Civ. 5860 (BMC),

, at *2 (E.D.N.Y. Jan. 13, 2020) (declining to hold a damages inquest in FLSA action when plaintiff’s attorney had “created a spreadsheet showing each element of damages recoverable, taking into account the different minimum wage levels throughout the employment period and plaintiff's varying hours and wages”). Moreover, the

Court finds that in light of this figure and the litigation risk involved for the parties, the proposed settlement amount of $30,000 is reasonable. Accordingly, the Court finds that the revised Agreement complies with Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015), and approves the revised Agreement.

1 �e parties only include liquidated damages under one of the statutes in their spreadsheet. See Rana v. Islam,

(2d Cir. 2018) (prohibiting double recovery of liquidated damages under both statues for the same course of conduct). The Court hereby dismisses the case with prejudice. The Clerk of Court is respectfully directed to close the case.

It is SO ORDERED. ot Dated: October 26, 2020 PE a New York, New York Edgardo Ramos, U.S.D.J.