Juarez v. Pizza Friendly Pizza NYC, LLC

District Court, S.D. New York

Juarez v. Pizza Friendly Pizza NYC, LLC

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: manana nnn nnn nnn nnn nna nnn cncncccnans K DATE FILED:_02/14/2023 MAURO JUAREZ, on behalf of himself and all other . persons similarly situated, : Plaintiff, 22-cv-08385 (LJL)

PIZZA FRIENDLY PIZZA NYC, LLC, et al, Defendants.

LEWIS J. LIMAN, United States District Judge: The parties in this matter request that the case be dismissed with prejudice. The case was brought pursuant to the Fair Labor Standards Act,

29 U.S.C. § 201

et seq. Under current Second Circuit law, stipulated dismissals settling FLSA claims with prejudice must be scrutinized by the Court to ensure that it is fair. See Fisher v. SD Protection Inc.,

948 F.3d 593, 600

(2d. Cir. 2020); Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199, 206

(2d Cir. 2015). Accordingly, it is hereby ORDERED that, on or before March 14, 2023, the parties must submit to the Court a joint letter explaining the basis for the proposed settlement and why it should be approved as fair and reasonable, with reference to the factors discussed in Wolinsky v. Scholastic, Inc.,

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

(S.D.N.Y. 2012). The letter should address any confidentiality provisions, non-disparagement provisions, or releases in the proposed settlement agreement. The letter should also address, if applicable, any attorney’s fee award to plaintiffs counsel (with documentation to support the latter, if appropriate) consistent with the principles set forth in Fisher,

948 F.3d at 600

. It is not sufficient to state the proportion of the requested attorney’s fee to the overall settlement amount. Rather, the reasonableness of attorney’s fees must be evaluated with reference to “adequate documentation supporting the attorneys’ fees and

costs,” which “should normally [include] contemporaneous time records indicating, for each attorney, the date, the hours expended, and the nature of the work done.” J/d.; see Strauss v. Little Fish Corp.,

2020 WL 4041511

, at *9 (S.D.N-Y. July 17, 2020) (discussing the requirements for adequately justifying an attorney’s fee). Failure to provide the appropriate or sufficient documentation could result in the Court rejecting the proposed fee award. The parties are directed to appear telephonically for a settlement approval hearing on April 3, 2023 at 10:00 a.m. Plaintiff shall appear at the hearing and, if necessary, with an interpreter. The parties are directed to dial (888) 251-2909 and use the access code 2123101. If there is no settlement agreement, the parties can submit a letter with that representation and the Court will cancel the settlement approval hearing.

SO ORDERED. eS Dated: February 14, 2023 tle ct New York, New York LEWIS J. LIMAN United States District Judge

Reference

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