Lopes Chavez v. Besos Restaurant Bar & Loung Corp
- Barbara Moses
- 1:23-cv-09196
- U.S. District Court · Southern District of New York
- 1
In Lopes Chavez v. Besos, Judge Moses required fee documentation before ruling on the proposed settlement.
The plaintiffs, their counsel, and the defendants are affected because the proposed settlement approval and requested attorney-fee award remained under court review pending additional documentation.
What happened
In Lopes Chavez v. Besos Restaurant Bar & Lounge Corp., the parties asked the court to approve a settlement and release agreement.
The plaintiffs’ lawyer requested $6,660 in fees, or 33.3% of the $20,000 settlement, but did not provide the records needed to review that request.
Judge Moses allowed the lawyer until November 4, 2024, to submit any fee agreement and time and expense records; the order does not state that the settlement was approved or denied.
The detailed version
- Lopes Chavez v. Besos Restaurant Bar & Loung Corp · No. 1:23-cv-09196
- Barbara Moses
- Oct. 28, 2024
Background
The parties submitted a joint letter-motion asking the court to approve their Settlement and Release Agreement under the Second Circuit’s requirements for reviewing certain employment settlements. The proposed settlement totaled $20,000.
Fee Documentation
Plaintiffs’ counsel requested a fee award of $6,660, described as 33.3% of the settlement total. The court explained that its fairness review includes whether attorneys’ fees and costs are reasonable. To review the proposed fee award, the written settlement agreement must memorialize the fees and costs, and the request must be supported by any contingency-fee agreement and properly authenticated time and expense records.
Order
The court did not state that it approved or denied the settlement. Instead, plaintiff’s counsel was permitted to submit copies of any contingency-fee agreement and contemporaneous time records no later than November 4, 2024. Judge Moses entered the order on October 28, 2024.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.