Surdu, et al v. Madison Global, LLC, et al.
| Alexandru Surdu, Dino Tito, Anastasia Mayfat, Ciprian Grosu, Luis Lopez, Constantine Haralabopolous, Gian Maria Montoro, Stefano Naia, Adnan Dibra, Susanna De Martino, Luca Federico and Juan Carlos Rios |
| Thomas Makkos, Nello Balan and Madison Global, LLC doing business as Nello |
| Bilguun Ganhuyag and Francesco Desideri |
| 1:2015cv06567 |
| August 19, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Henry B Pitman |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
82
OPINION AND ORDER re: 79 FINAL MOTION for Attorney Fees , Service Awards and Class Administrator fees. FINAL MOTION to Certify Class pursuant to Rule 23.FINAL MOTION for Settlement approval pursuant to FLSA and Rule 23 set tlement. filed by Constantine Haralabopolous, Dino Tito, Adnan Dibra, Susanna De Martino, Alexandru Surdu, Luca Federico, Francesco Desideri, Anastasia Mayfat, Luis Lopez, Juan Carlos Rios, Bilguun Ganhuyag, Stefano Naia, Gian Maria Mo ntoro, Ciprian Grosu. 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 worked for defendants as "tipped employees," ; including "servers, runners, bussers and bartenders," between August 19, 2009 until September 1, 2017. 2. The Settlement Agreement is unconditionally approved. 3. The "Effective Date" of the settlement 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 finally resolved in favor of final app roval. 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 payments: Paying the claims administr ator fee of $5,588.23; Paying $66,340.30 to class counsel as payment of attorneys' fees; and Paying a service award of $8,500.00 to Alexandru Surdu, Dino Tito, Anastasia Mayfat, Ciprian Grosu and Luis Lopez. 5. Following the dis bursement 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 retain jurisdi ction 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 O rder. 7. This litigation shall be dismissed with prejudice on April 23, 2018. 8. The Clerk of the Court is respectfully requested to close Docket Item 79. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 3/23/18) Copies transmitted to: All Counsel of Record.(yv)
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Filing
73
OPINION AND ORDER re: 66 MOTION for Settlement Notice of Plaintiffs' Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiffs' Counsel as Class Counsel, and A pproval of Plaintiffs filed by Constantine Haralabopolous, Dino Tito, Adnan Dibra, Susanna De Martino, Alexandru Surdu, Luca Federico, Francesco Desideri, Anastasia Mayfat, Luis Lopez, Juan Carlos Rios, Bilguun Ganhuyag, Stefano Naia, Gian Maria Mont oro, Ciprian Grosu, 58 MOTION for Settlement Notice of Plaintiffs' Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of the Settlement Class, Appointment of Plaintiffs' Counsel as Class Counsel, and App roval of Plaintiffs, filed by Constantine Haralabopolous, Dino Tito, Adnan Dibra, Susanna De Martino, Alexandru Surdu, Luca Federico, Francesco Desideri, Anastasia Mayfat, Juan Carlos Rios, Bilguun Ganhuyag, Stefano Naia, Gian Maria Montoro, Ciprian Grosu. Plaintiffs' motion is granted. It is hereby ORDERED that: 1. The proposed class is conditionally certified pursuant to Rule 23 (a) and (b) (3). Alexandru Surdu, Dino Tito, Anastasia Mayfat, Ciprian Grosu and Luis Lopez are appointed class representatives and the Klein Law Group, P.C. is appointed class counsel. 2. The Settlement Agreement is approved preliminarily. 3. Counsel shall submit a proposed revised notice to class members to my chambers no later than September 22, 2017. 4. W ithin 15 days of the date of this Order, defendants will provide the settlement claims administrator and plaintiffs' counsel with a list, in electronic form, of the (1) names, (2) last known addresses, (3) dates of employment and (4) social secu rity numbers of each class member. 5. Within 40 days of the final approval of the notice to class members, the settlement claims administrator shall mail, via first class mail, the revised notice to the members of the class using each individual' ;s last known address. 6. Class members will have 45 days from the date the revised notice is mailed to file a claim form, opt out of the settlement or file written objections. 7. The Court shall hold a fairness hearing on January 19, 2018 at 10:00 a .m. at the United States District Court for the Southern District of New York, 500 Pearl Street, Courtroom 18-A, New York, New York 10007. 8. No later than January 3, 2018, 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 service awards. 9. The Clerk of the Court is respectfully requested to close Docket Items 58 and 66. (Motions due by 1/3/2018.) (Fairness Hearing set for 1/19/2018 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman.) (Signed by Magistrate Judge Henry B. Pitman on 9/1/2017) Copies Transmitted By Chambers. (ras)
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