Quilodran v. 764 Third Avenue Wine & Liquor Inc.

UNITED STATES DISTRICT COURT TALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 4/4/2025.

Cesar Quilodran, Plaintiff, 1:24-cv-09551 (SDA) -against- ORDER Third Avenue Wine & Liquor Inc. et al., Defendants.

STEWART D. AARON, United States Magistrate Judge: Pending before the Court is the parties’ request to approve the settlement in this action in accordance with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). (See 4/2/2025 Notice, ECF No. 32.) Having reviewed the parties’ submission, it is hereby Ordered that, no later than Friday, April 11, 2025, the parties shall file a joint letter addressing the following: 1. Clarifying the total amount of expenses. The parties’ state that the expenses are a filing fee of $405 and S65 fee for service (see Notice at 5), but that the receipts submitted in Ex. C appear to contain an additional service-related expense of $50. (Notice Ex. C, ECF No. 32-3.)

2. Clarifying the amounts due to Plaintiff and counsel. The parties assert that, of the $31,000 settlement amount, Plaintiff will receive $20,313.00, or two-thirds of the settlement after the deduction of expenses, and that Plaintiff's counsel will receive $10,687.00, or one-third of the remaining amount plus reimbursement of expenses. (See Notice at 3, 5.) However, even if the current statement of expenses is correct ($405 filing fee plus $65 service fee for a total of $470), these numbers do not appear to be correct. By the Court’s calculation, Plaintiff would be entitled to two-thirds of $30,530 ($31,000 minus $470) which amounts to approximately $20,353.33 and counsel would be entitled to approximately $10,176.66 plus $470 in expenses, which amounts to $10,646.66. In short, the amounts calculated by the parties appear to be off by approximately $40. Including an additional expense of $50 does not appear to account for this discrepancy.

3. Plaintiff's counsel shall provide the Court with copies of the relevant retainer agreements. (See Notice at 4.)

SO ORDERED.

Dated: New York, New York April 4, 2025 frist A, Carn STEWART D. AARON United States Magistrate Judge