Brahmbhatt v. DNK United One, Inc. et al
| Vijay Brahmbhatt |
| DNK United One, Inc. doing business as 7- ELEVEN and Dinesh Patel |
| 2:2021cv14033 |
| January 21, 2021 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Plaintiff |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Renewed Joint Motion for Approval of Settlement and Dismissal with Prejudice #12 filed in response to the Court's February 18, 2021 Paperless Order 11 denying the Parties' Joint Motion for Approval of Settlement and Dismissal with Prejudice. #10 . The Court denied the Motion without prejudice because the Parties failed to include documentation supporting the amount of fees requested, preventing the Court from determining whether the settlement was fair and reasonable. 11 . The Fair Labor Standards Act, 29 U.S.C. 201 et seq. (the "FLSA"), requires judicial review and the courts determination that the settlement agreement "is a fair and reasonable resolution of a bona fide [FLSA] dispute[.]" Silva v. Miller, 307 F. App'x 349, 351 (11th Cir. 2009). This includes "review of the reasonableness of counsel's legal fees to assure both that counsel is compensated adequately and that no conflict of interest taints the amount the wronged employee recovers under [the] settlement agreement." Id. The framework for assessing the reasonableness of an FLSA settlement agreement should include, among other things, analysis of: (1) the existence of fraud or collusion; (2) the complexity and duration of the litigation; and (3) the stage of the proceedings upon settlement. See Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 1241 (M.D. Fla. 2010). In evaluating specifically the reasonableness of the proposed attorney's fee recovery, the Court should also consider the possible range of the plaintiff's recovery as compared to the extent of success in obtaining the maximum recovery and whether that extent of success justifies the amount of counsel's fee award. See Hensley v. Eckerhart, 461 U.S. 424, 438 (1983); Dees, 706 F. Supp. 2d at 1241, 1243. In the Renewed Motion, the Parties include an itemized breakdown of Plaintiff's counsel's attorney's fees and costs. See [12-3]; [12-4]. Plaintiff will receive $1,988.00 for his alleged unpaid wages and liquidated damages. [12-1] at 2. Plaintiff's attorney, Hunter A. Higdon, charged an hourly rate of $375.00. See [12-2] at 2. The Court does not find this hourly rate excessive. See, e.g., Araujo v. C.R.C. Car Rental Inc., 2017 WL 3382315, at *1 (S.D. Fla. Aug. 4, 2017) ("[T]he requested $395 hourly rate for Mr. Pollock, who has over 17 years of experience, is not excessive."). Additionally, Plaintiff's counsel expended 6 hours on the case. [12-3] at 1. Thus, Plaintiff's counsel seeks $2,250.00 in fees and $762.00 in costs. Id.; [12-1] at 2; [12-4] at 1. Accordingly, the Court finds that the settlement is fair and reasonable. UPON CONSIDERATION of the Renewed Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the settlement is APPROVED. Plaintiff's Complaint #1 is hereby DISMISSED WITH PREJUDICE. The Court retains jurisdiction for sixty (60) days to enforce the terms of the Parties' settlement agreement. Signed by Chief Judge K. Michael Moore on 2/25/2021. (tgr)
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| Filing 12 Renewed MOTION to Dismiss with Prejudice #1 Complaint, and for Approval of Settlement by DNK United One, Inc., Dinesh Patel. Responses due by 3/9/2021 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Miklas, David) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion for Approval of Settlement and Dismissal With Prejudice. #10 . Therein, the Parties request that the Court approve their settlement of Plaintiff's claims brought pursuant to the Fair Labor Standards Act, ("FLSA"), 29 U.S.C. 201 et seq., including attorney's fees for Plaintiff's counsel. Id. at 2-3. The FLSA requires judicial review and the court's determination that the settlement agreement is a "fair and reasonable resolution of a bona fide [FLSA] dispute[.]" Silva v. Miller, 307 F. App'x 349, 351 (11th Cir. 2009). This includes "review of the reasonableness of counsel's legal fees to assure both that counsel is compensated adequately and that no conflict of interest taints the amount the wronged employee recovers under [the] settlement agreement." Id. In evaluating specifically the reasonableness of the proposed attorney's fee recovery, the Court should also consider the possible range of the plaintiff's recovery as compared to the extent of success in obtaining the maximum recovery and whether that extent of success justifies the amount of counsel's fee award. See Hensley v. Eckerhart, 461 U.S. 424, 438 (1983); Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 1243 (M.D. Fla. 2010). The Court cannot conclude from the Motion that the Settlement Agreement is fair and reasonable. Plaintiff's counsel requests $ 3,012.00 in attorney's fees and costs. [10-1] at 2. However, the Motion does not include either Plaintiff's counsel's hourly rate or the total number of hours worked, nor does counsel provide any supporting documentation for the amount of fees requested, such as an attorney's fees billing invoice or a breakdown of costs. See Dees, 706 F. Supp. 2d at 1241. The Court cannot find the Settlement Agreement to be fair and reasonable without evidence explaining Plaintiff's counsel's fee amount. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Joint Motion for Approval of Settlement and Dismissal With Prejudice #10 is DENIED WITHOUT PREJUDICE. It is further ORDERED that the Parties are hereby given leave to submit a renewed motion for approval of settlement on or before March 5, 2021. In the renewed motion, Plaintiff's counsel shall submit a billing invoice or other document with a breakdown of the total number of hours worked and a description of the corresponding work performed, as well as a breakdown of costs. The invoice or other evidencing document shall be accompanied by an affidavit attesting to its authenticity and accuracy. If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. Signed by Chief Judge K. Michael Moore on 2/18/2021. (tgr)
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| Filing 10 Joint MOTION to Dismiss with Prejudice #1 Complaint, and Approval of Settlement by DNK United One, Inc., Dinesh Patel. Attorney David Alan Miklas added to party DNK United One, Inc. (pty:dft), Attorney David Alan Miklas added to party Dinesh Patel(pty:dft). Responses due by 3/3/2021 (Attachments: #1 Exhibit, #2 Exhibit)(Miklas, David) |
| Filing 9 PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon Plaintiff's Notice of Settlement, which states that the Parties have settled this matter. #8 . The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a), Fed. R. Civ. P., within sixty (60) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be DISMISSED and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of the Court is instructed to administratively CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 2/9/2021. (tgr) |
| Filing 8 NOTICE of Settlement by Vijay Brahmbhatt (Higdon, Hunter) |
| Filing 7 NOTICE of Change of Address, Email or Law Firm Name by Hunter Alston Higdon (Higdon, Hunter) |
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Filing 6
ORDER Setting Discovery Procedures. Signed by Magistrate Judge Shaniek M. Maynard on 1/25/2021. See attached document for full details. (lk)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE SHANIEK MAYNARD. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Shaniek Maynard to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Maynard's discovery procedures. Signed by Chief Judge K. Michael Moore on 1/22/2021. (tgr)
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Filing 4
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorney's fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendant's defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Shaniek M. Maynard within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Shaniek M. Maynard on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Maynard. Absent an extension from Magistrate Judge Maynard, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. 7. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. 8. Non-compliance with Order. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Chief Judge K. Michael Moore on 1/22/2021. (tgr)
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| Filing 3 Summons Issued as to DNK United One, Inc., Dinesh Patel. (ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ebz) |
| Filing 1 COMPLAINT And Demand For Jury Trial against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14256741, filed by Vijay Brahmbhatt. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Exhibit "A" to Complaint)(Florin, Wolfgang) |
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