Taryn Baldwin v. TMPL Lexington LLC d/b/a TMPL Lexington, Empire Holdings and...

District Court, S.D. New York

Taryn Baldwin v. TMPL Lexington LLC d/b/a TMPL Lexington, Empire Holdings and...

Trial Court Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK ee ____§$ ——_____ DATE FILED: 9/16/2025 TARYN BALDWIN, Plaintiff, ORDER -against- 23-CV-9899 (HJR) TMPL LEXINGTON LLC d/b/a TMPL LEXINGTON, EMPIRE HOLDINGS AND INVESTMENTS, LLC, and PATRICK WALSH, Defendants.

HENRY J. RICARDO, United States Magistrate Judge. The Court is in receipt of the parties’ motion for approval of a settlement agreement pursuant to Cheeks v. Freeport Pancake House, Inc.,

796 F.3d 199

(2d Cir. 2015). ECF Nos. 66, 68. The Parties’ Joint Letter states that Plaintiff signed a retainer agreement providing counsel with a figure approximating “one-third of the total settlement,” which exceeds Plaintiff's Counsel’s lodestar amount. ECF No. 66 at 6. However, a copy of the retainer agreement has not been provided to the Court. Approval of the attorneys’ fees without this requisite documentation “would be premature.” Wallace v. Int'l House of Pancakes, LLC, No. 21-CV-6993 (MKV),

2024 WL 1855670

, at *2 (S.D.N.Y. Apr. 29, 2024). Thus, Plaintiff must submit the retainer agreement with her counsel before any fees can be approved. Similarly, no receipts have been provided for the costs claimed, which total $16,958.68. See ECF No. 66-2 at 6. Adequate substantiation is required for

approval of these costs. See Sanchez v. Jyp Foods Inc., No. 16-CV-4472 (JLC),

2018 WL 4502008

, at *17 (S.D.N.Y. Sept. 20, 2018). Accordingly, by September 30, 2025, Plaintiff's counsel is directed to submit a copy of the retainer agreement between Plaintiff and her attorney, and documentation of the claimed costs. SO ORDERED. Dated: September 16, 2025 New York, New York f A □□

United States Magistrate Judge

Reference

Full Case Name
Taryn Baldwin v. TMPL Lexington LLC d/b/a TMPL Lexington, Empire Holdings and Investments, LLC, and Patrick Walsh
Status
Unknown