Reyes v. JSD Construction Group

| USDC SDNY UNITED STATES DISTRICT COURT | DOCUMENT SOUTHERN DISTRICT OF NEW YORK | a FILED DATE FILED: 05/03/2022 LEIDY REYES, Plaintiff, 21-CV-3406 (BCM) -against- ORDER JSD CONSTRUCTION GROUP, INC.,, et al., Defendants.

BARBARA MOSES, United States Magistrate Judge.

United States District Judge Paul Gardephe referred the parties in this action to mediation on July 23, 2021. (Dkt. No. 19.) The mediation was successful in resolving the parties’ dispute, including claims brought under the Fair Labor Standards Act (FLSA). (Dkt. No. 23.) On October 25, 2021, the parties filed a motion for approval of their FLSA settlement pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). (Dkt. No. 24.) More than four months later, they consented to the jurisdiction of a United States Magistrate Judge for all remaining proceedings, and on March 23, 2022, the case was re-assigned to my docket pursuant to 28 U.S.C. § 636(c). (Dkt. No. 28.)

Having reviewed the parties’ settlement approval papers, the Court notes that they failed to submit copies of (1) plaintiff's counsel's retainer agreement; (11) plaintiff's counsel's contempora- neous time records; and (111) documentation of plaintiff's expenses, which must be provided so that the Court can consider "the reasonableness of attorneys’ fees and costs." Fisher v. SD Protection, Inc., 948 F.3d 593, 606 (2d Cir. 2020). In this Circuit, "contemporaneous time records are a pre- requisite for attorney’s fees[.]" New York State Ass'n for Retarded Children v. Carey, 711 F.2d 1136, 1148 (2d Cir. 1983); see also Barsa v. Beacon Health Options, Inc., 2020 WL 7240346, at *6 (S.D.N.Y. July 10, 2020) (Moses, M.J.) (denying Cheeks motion for failure to submit contem- poraneous time records and documentation of out-of-pocket expenses).

Accordingly, it is hereby ORDERED that, no later than May 10, 2022, plaintiff shall sub- mit properly authenticated copies of (1) plaintiffs counsel's retainer and/or contingency fee agreement; (11) plaintiff's counsel's contemporaneous time records; and (ii) documentation of plaintiff's expenses.

Dated: New York, New York May 3, 2022 SO ORDERED.

Veal dR BARBARA MOSES sis United States Magistrate Judge