Medina v. Next Fabrics, LLC et al
| Edwin A Medina |
| Next Fabrics, LLC and Bruce M Weintraub |
| 1:2020cv04247 |
| June 3, 2020 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
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Filing 19
ORDER granting #18 Letter Motion for Conference. The Court believes the settlement figure and award of attorneys' fees are both fair and reasonable. Defendants have agreed to pay Plaintiff $9,600, inclusive of $3,600 in attorneys' fees and costs. Agreement 1. The Court finds that the settlement is "fair and reasonable" in the totality of the circumstances, as further set forth herein. The Court also approves the attorneys' fees and costs set forth in the Agreement. "In an FLSA case, the Court must independently ascertain the reasonableness of the fee request." Gurung v. White Way Threading LLC, 226 F. Supp. 3d 226, 22930 (S.D.N.Y. 2016). Requested attorneys fees are $3,000, which is 33.3% of the net settlement amount of $9,000. When using a "percentage" approach, "courts regularly approve attorney's fees of one-third of the settlement amount in FLSA cases." Meza v. 317 Amsterdam Corp., No. 14-CV-9007 (VSB), 2015 WL 9161791, at *2 (S.D.N.Y. Dec. 14, 2015). A one-third contingency amount is "presumptively valid." Angamarca v. Hud-Moe LLC, No. 18-CV-1334 (RA), 2018 WL 6618412, at *1 (S.D.N.Y. Dec. 17, 2018). Finally, the release provision contained in the Agreement is not overbroad. It only releases wage and hour claims under the FLSA, NYLL, and New Jersey Wage and Hour Law and does not cover matters unrelated to the instant suit. Agreement 3. Cf. Lopez v. Nights of Cabiria, LLC, 96 F. Supp. 3d 170, 175 (S.D.N.Y. 2015) (rejecting a release that would cover "any other claim" "from the beginning of the world to the effective date" of the agreement). SO ORDERED. (Signed by Judge Ronnie Abrams on 11/30/2020) (kv) Transmission to Finance Unit (Cashiers) for processing. Modified on 12/1/2020 (kv).
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| Filing 18 LETTER MOTION for Conference this is a letter motion seeking approval of parties' settlement agreement pursuant to Cheek v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015) addressed to Judge Ronnie Abrams from Mohammed Gangat, Esq. dated September 29, 2020. Document filed by Edwin A Medina. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Stipulation of Dismissal).(Gangat, Mohammed) |
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Filing 17
ORDER: It has been reported to the Court that this case has been settled. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. Any application to reopen this action must be filed within thirty (30) days of this order, and any application filed thereafter may be denied solely on that basis. If the parties seek to have the Court retain jurisdiction to enforce a settlement agreement, the terms of the agreement must be placed on the public record and "so ordered" by the Court within the same thirty-day period. See Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015). The Clerk of Court is respectfully directed to close this case. (Signed by Judge Ronnie Abrams on 9/23/2020) (jwh)
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Filing 15
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties in this action, that Defendants' time to answer, move or otherwise respond to the Complaint is extended from September 18, 2020 to and including October 2, 2020. SO ORDERED., Next Fabrics, LLC answer due 10/2/2020; Bruce M Weintraub answer due 10/2/2020. (Signed by Judge Ronnie Abrams on 9/16/2020) (ama)
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Next Fabrics, LLC, Bruce M Weintraub..(Himes, Scott) |
| Minute Entry Mediation Conference held on 9/15/2020. Mediation Status due by 10/15/2020. (rpr) |
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Filing 13
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties in this action, that Defendants' time to answer, move or otherwise respond to the Complaint is extended from August 17, 2020 to and including September 18, 2020. SO ORDERED. Next Fabrics, LLC answer due 9/18/2020; Bruce M Weintraub answer due 9/18/2020. (Signed by Judge Ronnie Abrams on 8/17/2020) (jca)
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| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Next Fabrics, LLC, Bruce M Weintraub..(Himes, Scott) |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 9/15/2020 at 11:00 AM through video conference.(ah) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/8/2020..(rpr) |
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Filing 11
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 8/14/2020. (Signed by Judge Ronnie Abrams on 12/10/19) (rpr)
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Filing 10
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties in this action, that Defendants' time to answer, move or otherwise respond to the Complaint is extended to and including August 17, 2020. SO ORDERED., Next Fabrics, LLC answer due 8/17/2020; Bruce M Weintraub answer due 8/17/2020. (Signed by Judge Ronnie Abrams on 7/29/2020) (rj)
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| Filing 9 NOTICE OF APPEARANCE by Jeffrey Malcolm Dine on behalf of Next Fabrics, LLC, Bruce M Weintraub..(Dine, Jeffrey) |
| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Next Fabrics, LLC, Bruce M Weintraub..(Himes, Scott) |
| Filing 7 NOTICE OF APPEARANCE by Scott M. Himes on behalf of Next Fabrics, LLC, Bruce M Weintraub..(Himes, Scott) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint served. Bruce M Weintraub served on 6/24/2020, answer due 7/15/2020. Service was accepted by John Doe. Document filed by Edwin A Medina..(Gangat, Mohammed) |
| Filing 5 SUMMONS RETURNED EXECUTED Summons and Complaint served. Next Fabrics, LLC served on 6/25/2020, answer due 7/16/2020. Service was accepted by Nancy Dougherty, authorized agent in the Office of the Secretary of State. Document filed by Edwin A Medina..(Gangat, Mohammed) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Next Fabrics, LLC, Bruce M Weintraub..(pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| Case Designated ECF. (pne) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Next Fabrics, LLC and Bruce M. Weintraub, re: #1 Complaint. Document filed by Edwin A Medina..(Gangat, Mohammed) |
| Filing 2 CIVIL COVER SHEET filed..(Gangat, Mohammed) |
| Filing 1 COMPLAINT against Next Fabrics, LLC, Bruce M Weintraub. (Filing Fee $ 400.00, Receipt Number ANYSDC-20093809)Document filed by Edwin A Medina..(Gangat, Mohammed) |
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