De Jesus et al v. Empire Szechuan Noodle House Inc. et al
| Felix De Jesus and John Doe |
| Empire Szechuan Noodle House Inc. and Julie S. Y. Chen |
| 1:2018cv01281 |
| February 13, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| J. Paul Oetken |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
84
ORDER. Having carefully reviewed the joint fairness letter submitted by the parties as well as the proposed settlement agreement, and having participated in a lengthy conference that eventually led to the settlement, the Court finds that all of the t erms of the proposed settlement (including the allocation of attorneys' fees and costs) appear to be fair and reasonable under the totality of the circumstances (and in light of the factors enumerated in Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012)). The Court notes that, while plaintiff is receiving $20,000 and plaintiff's counsel is receiving attorneys' fees and costs in the equal amount of $20,000, and such a division may well not be appropria te in every case, in the circumstances of this case the Court approves this allocation under Fisher v. SD Protection Inc., 948 F.3d 593 (2d Cir. 2020) ("Neither the text nor the purpose of the FLSA...supports imposing a proportionality limit on recoverable attorneys' fees."). The work performed by plaintiff's counsel (as reflected in their time sheets, which show that counsel billed for over $10,000 more than they are recovering see Dkt. No. 81-3), justifies this result. Accordingly, the settlement is hereby approved. The Clerk is respectfully directed to close this case. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 2/20/2020) (rjm)
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Filing
82
ORDER: The Court has preliminarily reviewed the proposed settlement agreement (Dkt. No. 81-1) and does not understand one part of the section entitled "Settlement Compensation and Full General Release" in paragraph 2, page 2, which provi des: The parties agree that Defendants will only issue a 1099 form to Lee Litigation Group, PLLC, who shall issue a 1099 form to Claimant. The total settlement amount shall be reported on Form 1099-MISC in the box "Gross proceeds paid to an atto rney." Lee Litigation Group, PLLC will provide Defendants its Form W-9. It does not appear that any of the payment to be made is being deemed wage income (nor is the provision of a W-2 tax form to plaintiff noted, as is typical in these cases). The parties are directed to explain the meaning of this provision, and if it is the case that 100% of plaintiffs recovery is considered non-wage income, then the basis for that characterization. To that end, the Court does not understand what t he parties mean by "gross payments paid to an attorney" when plaintiff himself is getting a $20,000 payment under the terms of the proposed settlement. A letter addressing this issue should be filed no later than February 19, 2020. (Signed by Magistrate Judge James L. Cott on 2/12/2020) (rj)
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Filing
49
OPINION AND ORDER: re: 36 MOTION for Summary Judgment . filed by Felix De Jesus. For the foregoing reasons, Plaintiff's motion for summary judgment is GRANTED in part and DENIED in part. Plaintiff is entitled to summary judgme nt on his contention that his pay statements failed to comply with the NYLL's notice and record-keeping requirements. Plaintiff is entitled to summary judgment on his contention that Defendants Empire Szechuan Noodle House, Inc. and Ah Fong C hang qualify as his employers for purposes of his FLSA and NYLL claims. Plaintiffs motion for summary judgment is denied in all other respects. The parties are directed to confer regarding trial dates and to submit a joint letter by May 15, 2019, t hat (1) states whether either party demands a jury trial, (2) estimates the length of trial, and (3) proposes dates within the next six months for a trial. The Clerk of Court is directed to close the motion at Docket Number 36. SO ORDERED (Signed by Judge J. Paul Oetken on 4/24/2019) (js)
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