Lizondro-Garcia et al v. Kefi LLC et al
| Manuel Lizondro-Garcia, Luis Cruz, Jorge Garcia, Jeraldo Gonzalez, Aleksander Velic, Javier Toledo, Oscar Ramirez, Moises Jimenez, Marco Real, Jorge R Becerra, Kevin Anderson, Jenna Lee Barron, Ashley Bostick, Jose Cabrera, Victor Paguay, Marco Torres, Pablo Martinez, Carlos Ramirez and Efrain Duenas |
| Kefi LLC, Kostantinos Damanios and Michael Psilakis |
| 1:2012cv01906 |
| March 15, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Robert W. Sweet |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
66
OPINION AND ORDER re: 63 MOTION to Approve Class Counsels' Attorneys' Fees . filed by Jeraldo Gonzalez, Javier Toledo, Aleksander Velic, Kevin Anderson, Marco Torres, Moises Jimenez, Victorino Torres, Elena Pauta, Osc ar Ramirez, Manuel Lizondro-Garcia, Efrain Duenas, Marco Real, Dipika Pati, Jorge R Becerra, Jenna Lee Barron, Paulina Grzechnik, Jorge Garcia, Jose Cabrera, Luis Cruz, Carlos Ramirez, Ashley Bostick, Victor Galindo, Claudio Serrano, Vic tor Paguay, Pablo Martinez. Accordingly, for all the foregoing reasons, I award plaintiffs' counsel $105,000 in attorneys' fees to be paid from the Fund. The remainder of the Fund shall be distributed pursuant to my October 7, 2014 Order (Docket Item 62). See Lizondro-Garcia v. Kefi LLC, supra, 2014 WL 4996248 at *10. SO ORDERED. (As further set forth in this Order.) (Signed by Magistrate Judge Henry B. Pitman on 7/1/2015) Copies Sent By Chambers. (ajs)
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Filing
62
OPINION AND ORDER re: 59 MOTION to Approve Class Action Settlement . filed by Jeraldo Gonzalez, Javier Toledo, Aleksander Velic, Kevin Anderson, Marco Torres, Moises Jimenez, Victorino Torres, Elena Pauta, Oscar Ramirez, Man uel Lizondro-Garcia, Efrain Duenas, Marco Real, Dipika Pati, Jorge R Becerra, Jenna Lee Barron, Paulina Grzechnik, Jorge Garcia, Jose Cabrera, Luis Cruz, Carlos Ramirez, Ashley Bostick, Victor Galindo, Claudio Serrano, Victor Paguay, Pab lo Martinez. Accordingly, for all the foregoing reasons, plaintiffs' motion (Docket Item 59) is granted in part and denied in part as follows: 1. Pursuant to Fed.R.Civ.P. 23(a) and (b)(3), the class is certified for settlement purposes as all i ndividuals who work or worked for defendants as servers, bartenders, baristas, barbacks, bussers and runners from December 1, 2008 to June 30, 2013. 2. The Settlement Agreement is unconditionally approved. 3. The "Effective Date" of the set tlement shall be 30 days after the date of this Order if no party appeals this Order. If a party appeals this Order and this Order is affirmed, the Effective Date of the settlement shall be the day after the Court of Appeals' mandate issues. 4 . Within 10 days of receipt of the first installment of the settlement fund payment from defendants and after the Effective Date of this Order, the claims administrator shall distribute the funds in the settlement account by making the following paym ents in the order as further set forth in this order. 5. Plaintiffs' motion for attorneys' fees is denied without prejudice to renewal within the next thirty days. 6. Within 10 days of my resolution of the issue of attorneys' fees and the disbursement of any fees that may be awarded, the claims administrator shall distribute the remaining funds in the settlement account to collective and class members in accordance with the allocation plan described in the Settlement Agreement. 7 . I shall retain jurisdiction over this action for the purpose of enforcing the settlement agreement and overseeing the distribution of settlement funds. The parties shall abide by all terms of the Settlement Agreement, which are incorporated herein, and this Order. 8. Upon the Effective Date and the resolution of the issue of attorneys' fees, this litigation shall be dismissed with prejudice, and all settlement class members who have not excluded themselves from the settlement or who have opted in to the lawsuit shall be permanently enjoined from pursuing and/or seeking to reopen claims that have been released pursuant to the Settlement Agreement. (Signed by Magistrate Judge Henry B. Pitman on 10/7/2014) Copies Mailed By Chambers. (lmb)
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Filing
57
OPINION AND ORDER re: 54 MOTION for Settlement Preliminary Approval of Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiffs' Counsel as Class Counsel, and Approval of the Proposed Notice of Settlemen t, and Class Action Settlement Procedure filed by Jeraldo Gonzalez, Javier Toledo, Aleksander Velic, Kevin Anderson, Marco Torres, Moises Jimenez, Victorino Torres, Elena Pauta, Oscar Ramirez, Manuel Lizondro-Garcia, Efrain Duenas, Mar co Real, Dipika Pati, Jorge R Becerra, Jenna Lee Barron, Paulina Grzechnik, Jorge Garcia, Jose Cabrera, Luis Cruz, Carlos Ramirez, Ashley Bostick, Victor Galindo, Claudio Serrano, Victor Paguay, Pablo Martinez: Accordingly, for all the f oregoing reasons, plaintiffs' motion (Docket Item 54) is granted. It is hereby ORDERED that: 1. The proposed NYLL class is conditionally certified pursuant to Rule 23(a) and (b)(3). Manuel Lizondro-Garcia, Luis Cruz, Jorge Garcia, Jeraldo G onzalez, Aleksander Velic, Javier Toledo, Oscar Ramirez, Moises Jimenez and Marco Real are appointed class representatives and Joseph & Kirschenbaum LLP is appointed class counsel. 2. The Settlement Agreement is approved preliminarily. 3. The Propo sed Notice is approved subject to the above-referenced revisions. Members of the NYLL class will have 45 days after the date the revised notices are mailed to opt out of or object to the settlement. Individuals eligible to join the collective action will have 45 days after the date the revised notices are mailed to submit an opt-in form. 4. Within 7 days from the date of this Order, defendants shall provide the claims administrator with a list, in electronic form, of the names, last known addr esses, and telephone numbers of the FLSA collective and the NYLL class. 5. Within 14 days from the date of this Order, the claims administrator shall mail the revised Proposed Notice to the FLSA collective and the NYLL class using the information pro vided by defendants. 6. The Court shall hold a fairness hearing on September 12, 2014, at 2:00 p.m. at the United States District Court for the Southern District of New York, 500 Pearl Street, Courtroom 18A, New York, New York, 10007. 7. No later than August 29, 2014, counsel for plaintiffs shall move and file a memorandum of law in support of final approval of the Settlement Agreement, an award of attorney's fees and costs, and service payments to the plaintiffs. (Fairness Hearing se t for 9/12/2014 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman.) (Motions due by 8/29/2014.) (Signed by Magistrate Judge Henry B. Pitman on 5/29/2014) Copies Transmitted By Chambers. (tn)
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