Abikzer v. 110 Gifts LLC
Abikzer v. 110 Gifts LLC
Trial Court Opinion
USDC SDNY _ DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DAT ED: (04/20 Abraham Abikzer, ATE FILED 1104/2022
Plaintiff, 1:22-cv-01680 (SDA) -against- ORDER 110 Gifts LLC et al., Defendants.
STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE: This case contains claims under the Fair Labor Standards Act. Following mediation, the parties reached a settlement on all issues. On November 3, 2022, the parties submitted their proposed settlement agreement and a letter explaining why the settlement, including any provision for attorney's fees and costs, is fair, reasonable and adequate under Cheeks v. Freeport Pancake House, Inc.,
796 F.3d 199, 206(2d Cir. 2015). (Mot. for Settlement Approval, ECF No. 21.) On November 4, 2022, an Order was issued on the parties’ consent referring disposition of this matter to the undersigned pursuant to
28 U.S.C. § 636(c). (ECF No. 22.) Having reviewed the proposed settlement, the Court finds that it is fair and reasonable, given both the nature and scope of Plaintiff’s individual claims as well as the risks and expenses involved in additional litigation. See Wolinsky v. Scholastic, Inc.,
900 F. Supp. 2d 332, 335-36(S.D.N.Y. 2012). In addition, Plaintiff seeks approval of $8,019.00 in attorney’s fees and costs, which is one-third of the total settlement amount plus costs. (See ECF No. 21 at 2-3; see also ECF No. 21- 2 (showing lodestar of $15,053.33).) Courts in this Circuit typically approve attorneys’ fees in the amount of one-third of the total recovery. See, e.g., Ramos v. DNC Food Serv. Corp., No. 19-CV-
02967 (VSB),
2022 WL 576300, at *2 (S.D.N.Y. Feb. 25, 2022) (citing cases). In line with that precedent, the Court finds that the requested attorney’s fees are fair and reasonable. In reaching this conclusion, the Court makes no findings with respect to the reasonableness of counsel’s hourly rates. For these reasons, the Court approves the settlement. This action is dismissed with prejudice and without costs except as may be stated in the settlement agreement. The Court will retain jurisdiction to enforce the settlement agreement. The Clerk of Court is respectfully requested to close this case. SO ORDERED. Dated: New York, New York November 4, 2022 irr a. Carr STEWART D. AARON United States Magistrate Judge
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