Raghnal v. Josselyne, Inc.

District Court, S.D. New York

Raghnal v. Josselyne, Inc.

Trial Court Opinion

DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: AALIYAH RAGHNAL etal., DATE FILED: _10/3/2024 Plaintiffs, 24-CV-00825 (MMG) -against- ORDER APPROVING JOSSELYNE, INC., SETTLEMENT Defendant. MARGARET M. GARNETT, United States District Judge: The parties in this action, brought pursuant to the Fair Labor Standards Act (“FLSA”),

29 U.S.C. § 201

et seg., and the New York Labor Law, Art. 6 §§ 190 et seg., Art. 19 §§ 650 et seq., advised the Court that they had agreed to a settlement in principle. See Dkt. No. 18. By Order entered July 29, 2024, the Court directed the parties to submit their settlement agreement and a fairness memorandum or, in the alternative, directed Defendant to respond to the Complaint. The Court, having reviewed the parties’ joint letter seeking approval of their settlement agreement, see Dkt. No. 27, finds that the settlement is fair and reasonable, given both the nature and scope of the Plaintiffs’ claim and 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). The settlement approval is subject to the following condition: Any modification of the settlement agreement must be approved by the Court, regardless of any provision in the agreement that purports to allow the parties alone to modify it. In addition, Plaintiffs seek approval of $25,000 in attorneys’ fees and costs, which is 33.33% of the settlement amount of $75,000. See Dkt. No. 27 at 5—6. Courts in this Circuit typically approve attorneys’ fees that range between 30% and 33.33%. See Guzman v. Joesons Auto Parts, No. 11-cv-04543 (ETB),

2013 WL 2898154

, at *4 (E.D.N.Y. June 13, 2013) (collecting cases); see also, e.g., Silverstein vy. AllianceBernstein, L.P., No. 09-cv-05904 (JPO),

2013 WL 7122612

, at *9 (S.D.N.Y. Dec. 20, 2013); Beckman v. KeyBank, N.A.,

293 F.R.D. 467, 481

(S.D.N.Y. 2013). In line with that precedent, and with the settlement amount that will remain for plaintiffs in light of the facts of this case, attorneys’ fees in the amount of one-third of the recovery is appropriate here. Accordingly, the Court approves the settlement subject to the condition addressed above. The Court DISMISSES the case with prejudice. All pending motions are moot. All conferences are cancelled. The Clerk of the Court is directed to close this case. Dated: October 3, 2024 New York, New York SO ORDERED. (Tos MARGARE{ M.(GARNETT United States District Judge

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