Dejesus v. 2078 Arthur LLC

District Court, S.D. New York

Dejesus v. 2078 Arthur LLC

Trial Court Opinion

USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 0/15/21 MIGUEL DEJESUS, Plaintiff, 1:20-CV-2030 (BCM) -against- ORDER 2078 ARTHUR LLC, et al. Defendants.

BARBARA MOSES, United States Magistrate Judge. The Court is in receipt of the parties’ letter-motion for approval of their proposed settlement agreement pursuant to Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199

(2d Cir. 2015). (Dkt. No. 47.) After submitting their settlement agreement, the parties consented to the jurisdiction of the assigned magistrate judge to conduct all further proceedings pursuant to

28 U.S.C. § 636

(c). (Dkt. No. 49.) In their letter-motion, the parties reference the retainer agreement between plaintiff's counsel and plaintiff in which plaintiff apparently agreed that his counsel "would receive the greater of either: (1) a contingency of 40% of the gross recovery amount, including statutory attorney's fees, in this case $31,358.32, after first deducting costs and expenses from the gross recovery amount, in this case $1,604.20; or, (2) statutory attorneys’ fees only." (Dkt. No. 47, at 8.) The retainer agreement is not attached to the letter-motion. It is my practice to require parties to submit a copy of plaintiff's counsel's contingency fee agreement to the extent necessary to support any award of attorneys’ fees. No later than June 22, 2021, plaintiffs counsel shall file on the public docket a copy of the retainer agreement referenced in the parties' letter-motion. Dated: New York, New York June 15, 2021 SO ORDERED. abc BARBARA MOSES United States Magistrate Judge

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