Manley v. Midan Rest.. Inc. et al
| Edward Manley |
| Midan Rest.. Inc. and Colleen Lydon |
| 1:2014cv01693 |
| March 12, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Alvin K. Hellerstein |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
42
OPINION AND ORDER re: 39 MOTION for Attorney Fees and Reimbursement of Expenses, and Approval of Service Payment. filed by Richard Rodriguez, Michael Chang, Chris Hodges, Edward Manley, Benjamin Sperry, Jennifer Kuehn, 37 MO TION for Settlement Plaintiffs Motion for Certification of the Settlement Class, Final Approval of Class Action Settlement and Approval of the FLSA Settlement. filed by Richard Rodriguez, Michael Chang, Chris Hodges, Edward Manley, Benjam in Sperry, Jennifer Kuehn. Accordingly, for all the foregoing reasons, plaintiffs' motions are granted as follows: 1. Pursuant to Fed.R.Civ.P. 23(a) and (b)(3), the following class is certified for settlement purposes: all individuals who wor ked for defendants as "tipped employees," including "servers, bussers, and bartenders," between March 12, 2008 and June 30, 2014. 2. The Settlement Agreement is unconditionally approved. 3. The "Effective Date" of the se ttlement shall be the date thirty days after entry of this Final Approval Order approving the Settlement Agreement, if no appeal is filed. If an appeal is taken, the "Effective Date" shall be the next business day after all appeals are fina lly resolved in favor of final approval. 4. In accordance with the terms of the Settlement Agreement and after the Effective Date of this Order, the claims administrator shall distribute the funds in the settlement amount by making the following pay ments: Paying the claims administrator fee of $15,500.00; Paying $310,412.84 to class counsel as reimbursement for litigation costs and payment of attorneys' fees; and Paying a service award of $15,000.00 to Manley. 5. Followin g the disbursement set forth above, 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. 6. I shall retai n 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 by reference herein, and this Order. 7. Upon the Effective Date of this Order, this litigation shall be dismissed with prejudice. 8. The Clerk of the Court is respectfully requested to close Docket Items 37 and 39. (As further set forth in this Order.) (Signed by Magistrate Judge Henry B. Pitman on 3/27/2017) Copies Sent By Chambers. (cf)
|
|
Filing
36
OPINION AND ORDER. Accordingly, for all the foregoing reasons, plaintiffs' motion (Docket Item 33) is granted. It is hereby ORDERED that: 1. The proposed class is conditionally certified pursuant to Rule 23(a) and (b)(3). Edward Manley is appoin ted class representative and Pechman Law Group PLLC is appointed class counsel. 2. The Settlement Agreement is approved preliminarily. 3. The Proposed Notice is approved provided the revisions set forth at pages 29-31, supra, are made. 4. Within twen ty-one (21) days following the date of this Order, defendants will provide the settlement claims administrator with a list, in electronic form, of the (1) names, (2) last known addresses and (3) social security numbers of each class member, and plain tiffs will provide the settlement claims administrator, after first providing this information to defendants for their review, the damages calculations for all class members based on plaintiffs' counsel's review of defendants' records. 5. Within fifteen (15) days from receiving the information described in the preceding paragraph, the settlement claims administrator shall mail the revised Proposed Notice to the class using the information provided by defendants. 6. Class members w ill have sixty (60) days from the date the revised Proposed Notice is mailed to opt out of the settlement or file written objections. 7. The Court shall hold a fairness hearing on August 15, 2016 at 2:00 p.m. at the United States District Court for t he Southern District of New York, 500 Pearl Street, Courtroom 18A, New York, New York, 10007. 8. No later than August 1, 2016, counsel for plaintiffs shall move and file a memorandum of law in support of final approval of the Settlement Agreement, an award of attorneys' fees and costs, and a service award to Manley. So ordered. re: 33 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 Settlement filed by Richard Rodriguez, Michael Chang, Chris Hodges, Edward Manley, Benjamin Sperry, Jennifer Kuehn. (Motions due by 8/1/2016.), (Fairness Hearing set for 8/15/2016 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman.) (Signed by Magistrate Judge Henry B. Pitman on 3/30/2016) Copies transmitted to: All parties. (rjm)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
