Fernandez Estevez v. Kings Finest Deli Inc.

USDC SDNY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: nnnn nnnn nnnna ncnn □□□□□□□□□□□□□□□□□□□□□□□□□□ DATE FILED:_09/13/2023 RIGOBERTO EMMANUEL FERNANDEZ ESTEVEZ, individually and on behalf of others similarly situated, : Plaintiff, 22-cv-7376 (LJL) -y- ORDER KINGS FINEST DELI INC. ET AL, Defendants.

LEWIS J. LIMAN, United States District Judge: The parties in this matter have reached a settlement in principle. The case was brought pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seg. Under Second Circuit law, any settlement—including any proposed attorney’s fee award—amust 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 (2d Cir. 2015).

Accordingly, it is hereby ORDERED that, on or before October 23, 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 plaintiff's 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.” Id.; 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 October 30, 2023 at 4:30 p.m. Plaintiff is requested to 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.

As stated on the record at the conference held on September 13, 2023, Roger B.

Greenberg’s motion to withdraw as attorney is GRANTED. Dkt. No. 60.

The Clerk of Court is respectfully directed to close Dkt. No. 60. All other conferences and deadlines are CANCELLED, including trial and pretrial deadlines.

SO ORDERED. a ee Dated: September 13, 2023 MO sore New York, New York LEWIS J. LIMAN United States District Judge