Downie v. Carelink, Inc. et al
| Yvonne Downie |
| Carelink, Inc., Vinsent Robinson and John Does #1-10 |
| 1:2016cv05868 |
| July 21, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| J. Paul Oetken |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 216 |
| Plaintiff |
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Filing
98
ORDER AND FINAL JUDGMENT: (1) CONFIRMING CERTIFICATION OF CLASS AND COLLECTIVE; (2) GRANTING FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT; AND (3) ENTERING FINAL JUDGMENT DISMISSING THE ACTION WITH PREJUDICE. IT IS HEREBY ORDERED, ADJUDGE D AND DECREED AS FOLLOWS: a. Except as otherwise specified herein, the Court adopts all defined terms set forth in the parties' Settlement Agreement, entered into as of August 29, 2019 (the "Agreement"). b. The Court has jurisdiction o ver the subject matter of the above-captioned matter, the Named Plaintiff, Defendants CARELINK SERVICES, INC. and ENA BAILEY (collectively, "Defendants") and all Class Members, which consists of the persons listed on Exhibit A hereto, and a s further specified herein. Thus, the within referenced 21 persons ("21 persons") did not receive notice and thus are removed from the Class and are not subject to the Settlement Agreement and the releases therein, and accordingly the origi nal settlement equal to $106,324.47 is reduced by $3,234.64 (the sum of the 21 persons' claims) to $103,089.83, and as further specified and set forth in this Order and Final Judgment. Accordingly, the Court hereby awards to Class Counsel $46,059 for attorneys' fees and $5,799.15 for costs and expenses. The Named Plaintiff Settlement Amount in the amount of $7,500 to the Class Representative is also approved. Defendants are directed to make all of the fore going payments to Class Counsel and the Named Plaintiff and the Class Members in accordance with the terms of the Agreement. Defendants shall not be required to make any additional payments in connection with the Settlement. By operation of entry of this Order and Final Judgment, all Released Claims are fully, finally, and forever released, relinquished, and discharged pursuant to the terms of the Agreement as to all Class Members, except those who have timely and validly opted-out or who are ex cluded from the Class pursuant to paragraph (c) above. Each Class Member listed on Exhibit A is bound by this Judgment and Order, including, without limitation, the release of claims as set forth in the Settlement Agreement. The Defendants entered in to this Agreement solely for the purpose of compromising and settling disputed claims. Defendants in no way admit any liability, and all liability is expressly denied. This action is hereby dismissed on the merits with prejudice. The action is closed . The Court retains exclusive jurisdiction, to the extent necessary, to resolve any disputes under the Agreement or to effectuate the terms of the Agreement. This document shall constitute a final judgment for purposes of Rule 58 of the Federal Rules of Civil Procedure. It is so ordered. Motions terminated: 90 MOTION for Settlement Approval of Class and Collective Settlement filed by Yvonne Downie. Ena Bailey and Carelink, Inc. terminated. Class Action Certified. (Signed by Magistrate Judge Debra C. Freeman on 2/4/2020) (Attachments: #(1) Appeal Package) (rjm)
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Filing
54
OPINION AND ORDER: re: 30 MOTION to Certify Class under New York State Law and to Certify Collective Action under FLSA filed by Yvonne Downie. For the foregoing reasons, Plaintiff's motion for conditional certification of a collective action u nder 29 U.S.C. § 216(b) is GRANTED. The Court certifies an FLSA collective of employees who were not paid time and one-half overtime between January 1, 2015, and October 14, 2015. Plaintiff's motion for class certification under Rule 23 is GRANTED IN PART: The court certifies a New York state Rule 23(b)(3) class of employees who were not paid time and one-half overtime after January 1, 2015. The Court denies certification as to all other proposed classes. Plaintiff has submitted a prop osed collective action notice. (Dkt. No. 32-1.) The parties shall confer on proposed forms of notice for the collective and for the Rule 23 class, and they shall submit the proposed notices to the Court on or before August 9, 2018. The Clerk of Court is directed to close the motion at Docket Number 30. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/26/2018) (ama)
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