Douglas v. Lutheran Social Services of Metropolitan New York, Inc. d/b/a Lutheran Social Services of New York, Inc.

District Court, S.D. New York

Douglas v. Lutheran Social Services of Metropolitan New York, Inc. d/b/a Lutheran Social Services of New York, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wa OX MAHAENY DOUGLAS, : Plaintiff, : : 20 Civ. 10512 (LGS) -against- : : ORDER LUTHERAN SOCIAL SERVICES OF : METROPOLITAN NEW YORK, INC. d/b/a : LUTHERAN SOCIAL SERVICES OF NEW : YORK, INC., : Defendant. : wee «OX LORNA G. SCHOFIELD, District Judge: WHEREAS, on September 20, 2021, Plaintiff filed a joint letter along with her settlement agreement and attorney billing details (Dkt. No. 35), in this action arising under the Fair Labor Standards Act. On September 23, 2021, the approval of the settlement agreement was denied because the settlement agreement contained an overly broad and vague general release provision (Dkt. No. 36). WHEREAS, on September 27, 2021, Plaintiff filed a revised settlement agreement (Dkt. No. 37). is hereby ORDERED that the revised settlement agreement, is APPROVED as fair and reasonable based on the nature and scope of Plaintiffs claims and the risks and expenses involved in additional litigation. See Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199, 206

(2d Cir. 2015), cert denied.,

136 S. Ct. 824

(2016); Wolinsky v. Scholastic, Inc.,

900 F. Supp. 2d 332, 335-36

(S.D.N.Y. 2012) (outlining the factors for determining whether proposed settlement is fair and reasonable). It is further ORDERED that Plaintiffs counsel’s request for $14,850.00 in attorneys’ fees is GRANTED. The remainder of the settlement shall be distributed to Plaintiff. It is further ORDERED that Plaintiff shall file the Stipulation of Discontinuance by October 1, 2021.

Dated: September 28, 2021 New York, New York «

Reference

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