Mills et al v. Capital One, N.A.
| Patricia Mills, Rhonda Jones, Laurel Martin, William Scott-Selgado, Kristen Smith, Brad Salazar, Veronica Sandoval-Wang, Jean Alonge, Howard Jones, Teresa Lartey and Roscio Rueda |
| Capital One, N.A. |
| 1:2014cv01937 |
| March 19, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Sidney H. Stein |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
52
OPINION AND ORDER re: 37 MOTION for Settlement Plaintiffs' Motion for Approval of Service Awards. filed by Laurel Martin, Kristen Smith, Rhonda Jones, Veronica Sandoval-Wang, Jean Alonge, William Scott-Selgado, Patricia Mil ls, Brad Salazar, 33 MOTION for Settlement Plaintiffs' Motion for Certification of the Settlement Class, Final Approval of Class Action Settlement, and Approval of the FLSA Settlement. filed by Laurel Martin, Kristen Smith, Rhond a Jones, Jean Alonge, Veronica Sandoval-Wang, William Scott-Selgado, Patricia Mills, Brad Salazar, 35 MOTION for Attorney Fees and Reimbursement of Expenses. filed by Laurel Martin, Kristen Smith, Rhonda Jones, Jean Alonge, Ver onica Sandoval-Wang, William Scott-Selgado, Patricia Mills, Brad Salazar. Accordingly, for all the foregoing reasons, plaintiffs' motions (Docket Items 33, 35, 37) are granted in part and denied in part as follows: 1. Pursuant to Fed.R.Civ.P . 23(a) and (b)(3), the following sub-classes are certified for settlement purposes: New York Class Members consist of all individuals who were employed as ABMs by Defendant in the State of New York from March 7, 2008 through July 7, 2014; New Jersey Class Members consist of all individuals who were employed as ABMs by Defendant in the State of New Jersey from March 7, 2012 through July 7, 2014; and Maryland Class Members consist of all individuals who were employed as ABMs by Defendant in the State of Maryland from March 7, 2011 through July 7, 2014; 2. The Settlement Agreement is unconditionally approved. 3. The "Effective Date" of the settlement shall be fourteen days following the last date this Final Approval Order approving this Agreement is appealable (30 days after the entry of Judgment), if no appeal is filed. If an appeal is taken, Section 1.10 of the Settlement Agreement governs. 4. In accordance with the terms of the Settlement Agreement and after the Effectiv e Date of this Order, the claims administrator shall distribute the funds in the settlement account by making the following payments: Paying the claims administrator fee of $23,000.00; Paying $517,037.51 to class counsel as reimbursement f or litigation costs and payment of attorneys' fees; and Paying service awards of $6,000.00 to each of the named plaintiffs and service fees of $3,000.00 to each of the three opt-in plaintiffs, for a total award of $57,000.00 in s ervice fees. 5. Following 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 Ag reement. 6. 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 incorpor ated by reference herein, and this Order. 7. Upon the Effective Date of this Order, 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 l awsuit shall be permanently enjoined from pursuing and/or seeking to reopen claims that have been released pursuant to the Settlement Agreement. 8. The Clerk of the Court is directed to mark Docket Items 33, 35 and 37 closed. (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 9/30/2015) Copies Sent By Chambers. (lmb)
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