Azoqgue v. 16 for 8 Hospitality, L.L.C. et al
| Victor Sebastian Azoqgue |
| 16 for 8 Hospitality, L.L.C., 32 for 16 Hospitality L.L.C., Num Pang Sandwich Shop, 8 for 4 Hospitality L.L.C., Num Pang Holdco L.L.C., Ratha Chuapoly and Benjamin Daitz |
| 1:2013cv07899 |
| November 6, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Thomas P. Griesa |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
59
ORDER GRANTING PLAINTIFF'S MOTION FOR CERTIFICATION OF THE SETTLEMENT CLASS, FINAL APPROVAL OF THE CLASS ACTION SETTLEMENT, APPROVAL OF THE FLSA SETTLEMENT, AND APPROVAL OF ATTORNEYS' FEES re: 53 MOTION for Settlement Certificat ion of the Settlement Class, Final Approval of the Class Action Settlement, and Approval of the FLSA Settlement, filed by Walter A. Palacios, Manuel Chavez, Kevin Hsu, Shanell Young, Victor Sebastian Azogue, Jose Luis Verdejo; 56 MOTION for Settlement Approval of Attorneys' Fees, filed by Walter A. Palacios, Kevin Hsu, Shanell Young, Jose Luis Verdejo. The Court certifies the following Class under Federal Rule of Civil Procedure 23(e), for settlement purposes (the "Rule 23 Class Members"): all non-exempt (non-managerial) individuals employed at the following Num Pang Establishments: (1) 16 for 8 Hospitality, LLC, (2) 32 for 16 Hospitality LLC, (3) 8 for 4 Hospitality LLC, (4) Num Pang Holdco LLC, (5) 128 for 64 Hospitality LLC, (6) 256 for 128 Hospitality LLC, and (7) Num Pang Commissary LLC, from November 6, 2007 through August 21, 20 15 ("Class Period"). The Court hereby approves the FLSA settlement. Accordingly, the high stand ard for approval of a class action under Rule 23 does not apply to an FLSA settlement. Courts approve FLSA settlements when they are reached as a result of contested litigation to resolve bona fide disputes. See Lynn's Food Stores, Inc. v. Un ited States, 679 F. 2d 1350, 1353, n. 8 (11th Cir. 1982); McMahon, 2010 U.S. Dist. LEXIS 18913, at *15. Typically, courts regard the adversarial nature of a litigated FLSA case to be an adequate indicator of the fairness of the settlement. Accordin gly, the Settlement Agreement resolves a clear and actual dispute under circumstances supporting a finding that is fair and reasonable. The Court hereby grants Plaintiffs' Motion for Attorneys' Fees and awards Class Counsel $56,6 60, which is 33.33% of the settlement fund. Within 14 days after the Effective Date the Defendants shall deposit into the Settlement Fund Account, to be established by the Claims Administrator, a sum equal to $170,000. (As further set forth in this Opinion) (Signed by Judge Thomas P. Griesa on 8/19/2016) (kl)
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