Ray et al v. 1650 Broadway Associates Inc. et al
| Kevin Ray, Brian Esposito, Samuel Ladd, Jenna Miller, Lacey Angerosa, Zechariah Azazi, Kristine Bogan, Max Demers, Bianca DiSarro, Eric Engelhardt, Eric Rodet, Darcy Wrght, Elizabeth Davies, David Colbert, Abby Burke, Adam Rennie, Cary Von Murray, Mathilda Heenehan, Matt Patterson, Anthony Apicella, Grace Wall, Daniel Brooks, James Ferko Jr., Stacy Keele, Nyseli Vega, Zachary Carter, Heather Shields, Carly Kincannon, Jack Bailey, Courtney Dease, Shannen Doyle, Chelsey Keding, Mark G. Ludden, Zakary Resnick, Christopher Ian Castro Sanchez, Erika Santosuosso, Elisabeth Tatner, DeOnzell L. Green, Tara Anna Minogue, Nick Dothee, Arjana Vizulis, Kyra Kozlenko, Meghan Doherty, Adam Cavalieri, Andrew Barry Fritz, Danica Dora, Anna Schnaitter, Lisa Kranz, Jennifer Barry, Mollie Craven, Claflin Phillip and Anne Fraser Thomas |
| 1650 Broadway Associates Inc., Ken Sturm and Ellen Sturm |
| 1:2016cv09858 |
| December 21, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Vernon S. Broderick |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
195
ORDER: Accordingly, it is hereby ORDERED that the parties provide a joint status letter by October 24, 2022 indicating whether the funds were dispersed, and whether there are any outstanding issues that need to be resolved before closing the above-captioned action. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/18/2022) (ama)
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Filing
193
ORDER re: 192 Letter, filed by Andrew Barry Fritz, David Colbert, Kevin Ray, Amanda Brasher, Rachel Balko, Eric Engelhardt, Breann Zerby, Catherine Yates, Jonathan Shade, Courtney Dease, Jennifer Barry, Claflin Phillip, Brian Espos ito, Tara Anna Minogue, Zakary Resnick, Mathilda Heenehan, Bianca DiSarro, Anne Fraser Thomas, Zachery A. Snyder, Christina Albanese, Jack Bailey, Cameron S. McCabe, Erin Wagner, DeOnzell L. Green, Chelsea Lynne Myers, Christopher Ian Castro Sa nchez, Samuel Ladd, James Cargill, Kristine Bogan, James Ferko Jr., Kristen Plati, Alexis Ebers, Nyseli Vega, Stacy Keele, Abby Burke, Jordan Houghton, Cary Von Murray, Ashanti Johnson, Libby Ferguson, Amanda Trinkle, Adam Rennie, Jenn ifer Agatte, Lacey Angerosa, Elizabeth Davies, Shannen Doyle, Adam Cavalieri, Zachary Carter, Maria Schirripa, Zechariah Azazi, Lauryn Linley, Monique Morgan, Matt Patterson, Danica Dora, Sara Lynn Peruo, John H. Thyen, Scott R. Johnson, Nick Dothee, Erika Santosuosso, Anna Schnaitter, Chelsey Keding, Tiffany Shepherd, Kyra Kozlenko, Amanda Myers, Meghan Doherty, Kenton Fridley, Andrew Apicella, Michael Cunningham, Mark G. Ludden, Frank Thompson, Leanne Smith, Nicole Ra viv, Anthony Apicella, Daniel Brooks, David Socolar, Heather Shields, Mollie Craven, Darcy Wrght, Katie Sherman, Carly Kincannon, Arjana Vizulis, Grace Wall. Having reviewed Plaintiffs' letter and affidavit regarding the settlement ag reement approved in this class action, (Doc. 192), it is hereby ORDERED that a. Defendants shall provide to Plaintiffs' counsel and the Settlement Administrator the most current mailing address for the following class members: Jennifer Bergum, Z ach Carter, Megan Dwinal, Jonathan Fleites, Preston Hammond, Daniel Hersh, Nathan Hilger, Brandy Massey, Gabrielle Saramango, Morgan Smith, Ryan Smith, David Socolar, Paul Williams, Jennifer Agate, Zach Carter, Christopher Mauro, Matt Patterson, Carl y Kincannon, and Sabrina Surace (the "Nineteen Class Members"); b. The Settlement Administrator shall mail checks to the Nineteen Class Members for the after-tax amounts still due to them (unless the Settlement Administrators records show r eceipt and cashing of both settlement checks), said checks to have a void date sixty days from the date of their being mailed; c. No later than ninety days after the mailing of said checks, Plaintiffs counsel shall file a letter, supported by an aff idavit from the Settlement Administrator, as to whether said checks were received and deposited by the Nineteen Class Members, along with information stating i) how many estimated total members of the class were eligible to receive payments under the settlement agreement; ii) how many class members did receive payments; iii) how much of the settlement fund remains; iv) what steps, if any, could be taken to disburse those settlement funds to class members; and v) the propriety of making a cy pres distribution of any remaining settlement funds; and d. The Settlement Administration shall provide counsel for all parties with confirmation of distribution of the remaining settlement fund. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/21/2022) (kv) Modified on 6/21/2022 (kv).
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Filing
190
AMENDED FINAL JUDGMENT amending 188 Judgment. It is hereby ORDERED and ADJUDGED that the Final Judgment dated May 28, 2021, is amended as follows: 1. Plaintiffs' counsel are awarded Attorneys' Fees in the amount of $402,590, $ 134,026.25 of which is to be paid with the First Installment of $725,000, and the remainder of which, less the amount due from plaintiffs' counsel to the Settlement Claims Administrator for its services, is to be paid from the Second Instal lment of $725,000. 2. All other provisions of this Court's Final Judgment dated May 28, 2021, remain in full force and effect. (Signed by Judge Vernon S. Broderick on 6/9/2021) (kv) Transmission to Finance Unit (Cashiers) for processing. Modified on 6/10/2021 (kv).
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Filing
188
FINAL JUDGMENT: It is hereby ORDERED and ADJUDGED that: 1. The proposed Fed. R. Civ. P. 23 Class Action and FLSA Collective Action are certified for purposes of implementing the parties Settlement Agreement. The Class Members are the 251 present and former servers employed by and identified by defendants. 2. The Court finds that the Settlement Agreement and its terms are fair, reasonable, adequate, and binding on all Class Members and Defendants. 3. All claims by the Class Representatives in th e Amended Complaint, all Counterclaims asserted by Defendants in their Answer and Counterclaims, and all claims of Class Members in the Amended Complaint are dismissed with prejudice. 4. Plaintiffs' counsel are awarded Attorneys' Fees in th e amount of $268,052.50 and reimbursement of Costs in the amount of $5,567.69, to be paid in two equal installments from the $1,450,000 Settlement Fund as set forth below. 5. The defendants shall pay the $1,450,000 Settlement Fund to the Settlement Claims Administrator in a First Installment of $725,000.00 and a Second Installment of $725,000.00. The First Installment shall be delivered to the Settlement Claims Administrator 30 days after the date of this Final Judg ment, unless a Notice of Appeal has been filed, and the Second Installment shall be delivered to the Settlement Claims Administrator six months after the date for delivery of the First Installment. 6. From the First Installment, the Settlement Claim s Administrator shall pay one half of the Service Awards of $5,000 to each Class Representative as described in the Settlement Agreement and one half of the Attorneys' Fees and Costs to Plaintiffs' counsel; the remaining amount of the First Installment shall constitute the first half of the Net Settlement Fund defined in the Settlement Agreement. 7. From the first half of the Net Settlement Fund, the Settlement Claims Administrator shall prepare and distribute Settlement Checks to the Class Members in accordance with the terms of the Settlement Agreement. 8. From the Second Installment, the Settlement Claims Administrator shall pay one half of the Service Awards of $5,000 to each Class Representative as described in the Settlement Agreement and one half of the Attorneys Fees and Costs to Plaintiffs' counsel, less the amount due to the Settlement Claims Administrator for its services. The remaining amount of the Second Installment shall constitute the second hal f of the Net Settlement Fund as defined in the Settlement Agreement. 9. From the second half of the Net Settlement Fund, the Settlement Claims Administrator shall prepare and distribute Settlement Checks to the Class Members in accordance with the te rms of the Settlement Agreement. 10. The Settlement Claims Administrator shall provide verification to Class Counsel and Defendants' Counsel that it has distributed the Settlement Checks, shall retain copies of all of the e-cashed Settlement Che cks with releases, and at appropriate times shall provide Defendants' Counsel with the original or copies of the cashed Settlement Checks with releases. 11. The Court retains jurisdiction for the purpose of overseeing compliance with the terms of the Settlement Agreement. (Signed by Judge Vernon S. Broderick on 5/28/2021) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
175
OPINION & ORDER re: 169 MOTION to Certify Class Pursuant to FRCP Rule 23 and FLSA Collective Class (Conditional). MOTION for Settlement Approval (Preliminary). MOTION to Appoint Kevin Ray; Brian Esposito; Samuel Ladd; Jenna Miller to serve as lead plaintiff(s) . MOTION to Appoint Counsel Eisner & Dictor, P.C. and Roger J. Bernstein as Class Counsel. filed by Andrew Barry Fritz, David Colbert, Kevin Ray, Amanda Brasher, Rachel Balko, Derrick Trumbly , Eric Engelhardt, Breann Zerby, Catherine Yates, Jonathan Shade, Matt Samardge, Courtney Dease, Jennifer Barry, Claflin Phillip, Nicola Pope, Brian Esposito, Taylor Fryza, Tara Anna Minogue, John Thyen, Zakary Resnick, Mathilda Heeneha n, Bianca DiSarro, Mikah Horn, Anne Fraser Thomas, Jenna Miller, Jonathan Conver, Zachery A. Snyder, Lisa Kranz, Christina Albanese, Jack Bailey, Cameron S. McCabe, Tara Minogue, Erin Wagner, DeOnzell L. Green, Sara Michalski, Chelsea Lynne Myers, Christopher Ian Castro Sanchez, Samuel Ladd, Cara Juan, James Cargill, Kristine Bogan, James Ferko Jr., Kristen Plati, Alexis Ebers, Nyseli Vega, Stephen Davis, Stacy Keele, Eric Rodet, Abby Burke, Elisabeth Tatner, Jordan Hough ton, Cary Von Murray, Ashanti Johnson, Libby Ferguson, Amanda Trinkle, Eric Engelhart, Eric Robinson, Adam Rennie, Jennifer Agatte, Lacey Angerosa, Elizabeth Davies, Shannen Doyle, Adam Cavalieri, Zachary Carter, Maria Schirripa, Dustin Norris, Lauryn Linley, Zechariah Azazi, Monique Morgan, Jordyn Smith, Matt Patterson, Danica Dora, Sara Lynn Peruo, John H. Thyen, Scott R. Johnson, Nick Dothee, Erika Santosuosso, Anna Schnaitter, Tiffany Shepherd, Erica Hansen, Chelsey Keding, Phillip Claflin, Ryan Simmons, Kyra Kozlenko, Amanda Myers, Meghan Doherty, Kenton Fridley, Andrew Apicella, Michael Cunningham, Mark G. Ludden, Frank Thompson, Leanne Smith, Nicole Raviv, Anthony Apicella, Max Demers, David S ocolar, Daniel Brooks, Heather Shields, Mollie Craven, Darcy Wright, Darcy Wrght, Tara Scalesi, Katie Sherman, Carly Kincannon, Arjana Vizulis, Sinclair Mitchell, Grace Wall. For the foregoing reasons, Plaintiff's unopposed motion, (D oc. 169), is GRANTED. Ihereby set the following settlement procedure:(1) Within thirty (30) days of the date of this Order, Defendants will provide theClaims Administrator with the Rule 23 Class members and FLSA CollectiveClass members list and infor mation as provided in the Settlement Agreement.(2) Within thirty (30) days of Defendants' provision of the Rule 23 Class members and Collective Class members list and information, the Claims Administrator shall mail the Notices. (3) Rule 23 Clas s Members will have sixty (60) days from the date the Notice is mailed to opt out of the settlement or object to it. (4) Plaintiffs will file a motion for final approval of the Settlement Agreement no later than fifteen (15) days before the fairne ss hearing. (5) The Court will hold a telephonic final fairness hearing on December 17, 2020, at 2:30 p.m.. The parties shall enter the conference by dialing 1-888-363-4749 and entering access code 2682448. (6) If the Court grants Plaintiff's motion for final approval of the Settlement Agreement, the Court will issue a Final Order and Judgment. If no party appeals the Court's Final Order and Judgment, the "Effective Date" of the settlement will be the date thirty (30) day s after entry of such Order. (7) If rehearing, reconsideration or appellate review is sought, the "Effective Date" shall be the day after all appeals are resolved in favor of final approval. (8) The Claims Administrator will disburse sett lement checks to the Rule 23 Class members and FLSA Collective Class members, Class Counsel's attorneys' fees and expenses to Class Counsel, the Service Awards, and the Settlement Administrator's fee as provided in the Settlement Agreement. (9) The parties shall abide by all terms of the Settlement Agreement. (Telephone Conference set for 12/17/2020 at 02:30 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 9/29/2020) (rro)
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