Buckley et al v. The National Football League
| James Buckley, Rodney Davis, Mario Di Fonzo, Edward L. Du Bois, III, Don Fuhrman, Walter Martin, Mark Ninehouser, Johnny Smith and Richard Welsh |
| The National Football League |
| 1:2018cv03309 |
| April 16, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Lorna G. Schofield |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
94
ORDER re: 81 MOTION to Approve Settlement Under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq and the State Wage-and-Hour Laws Unopposed Motion. filed by Richard Welsh, James Buckley, Walter Martin, Edward L. Du Bois, III, Johnny Smith, Don Fuhrman, Mario Di Fonzo, Mark Ninehouser, Rodney Davis. It is hereby ORDERED that the settlement of Plaintiffs' FLSA claims, as set forth in their individual settlement agreements (the "Settlement Agreement s," Dkt. Nos. 81-3 to -11), is APPROVED as fair and reasonable based on the nature and scope of Plaintiffs' claims and the risks and expenses involved in additional litigation. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 20607 (2d Cir. 2015); Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 33536 (S.D.N.Y. 2012) (outlining the factors that district courts have used to determine whether a proposed settlement is fair and reasonable). It is further ORDERED th at Plaintiffs' counsel's request for $15,000.00 is GRANTED. The remainder of the settlement shall be distributed to Plaintiffs pursuant to the Settlement Agreements. It is further ORDERED that the Wage and Hour Claims are dismisse d with prejudice pursuant to the Settlement Agreements, without costs to any party or against any other party except as stated in the Settlement Agreements. The Clerk of Court is respectfully directed to close the docket entry at #81. (Signed by Judge Lorna G. Schofield on 12/8/2020) (va) Transmission to Finance Unit (Cashiers) for processing.
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Filing
82
ORDER: Accordingly, it hereby ORDERED that by December 4, 2020, Plaintiffs shall file (1) documentation substantiating their claims for attorneys fees and costs and (2) their best numerical estimate of potential recovery at trial, including any doc umentary support of unpaid wages and overtime. (As further set forth in this Order.) Motions terminated: 81 MOTION to Approve Settlement Under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq and the State Wage-and-Hour Laws Unopposed Motion. filed by Richard Welsh, James Buckley, Walter Martin, Edward L. Du Bois, III, Johnny Smith, Don Fuhrman, Mario Di Fonzo, Mark Ninehouser, Rodney Davis. (Signed by Judge Lorna G. Schofield on 11/24/2020) (cf)
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Filing
59
OPINION AND ORDER re: 29 MOTION to Compel Arbitration . filed by The National Football League. For the foregoing reasons, Defendant's Motion to Compel Arbitration is GRANTED and the case is stayed pending the outcome of arbitr ation. Plaintiffs' Motion to Reconsider a stay on discovery is DENIED as moot. The parties are directed to file a status letter with the Court every 45 days and when the arbitration concludes. The Clerk of Court is respectfully directed to close the motion at Docket Number 29. (Signed by Judge Lorna G. Schofield on 11/16/2018) (cf) Transmission to Orders and Judgments Clerk for processing.
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