Bray v. New York Gypsum Floors Inc.
- Andrew Krause
- 7:21-cv-02340
- U.S. District Court · Southern District of New York
- 2
In Bray v. New York Gypsum Floors Inc., Judge Krause approved the Fair Labor Standards Act settlement, authorized payments and fees, retained jurisdiction, and closed the case.
William Bray and John Landor, the defendants New York Gypsum Floors Inc. and Stephen P. Phillips, the settlement class or group described in the agreement, and the attorneys and law firms receiving approved fees and costs.
What happened
In Bray v. New York Gypsum Floors Inc., the court approved a settlement of the Fair Labor Standards Act action brought by William Bray and John Landor against New York Gypsum Floors Inc. and Stephen P. Phillips.
The court found that the settlement was procedurally fair, negotiated at arm’s length by experienced counsel, and a fair and reasonable compromise of a genuine dispute. It approved a total settlement payment of $586,326.63 to the plaintiffs, $325,300 in attorneys’ fees, and the specified costs for the two law firms.
Judge Andrew E. Krause ordered the settlement’s terms to be implemented, retained jurisdiction over its completion and performance, and directed the clerk to close the case. The settlement agreement provides for dismissal of the action with prejudice.
The detailed version
- Bray v. New York Gypsum Floors Inc. · No. 7:21-cv-02340
- Andrew Krause
- Dec. 9, 2024
Background
William Bray and John Landor sued New York Gypsum Floors Inc. and Stephen P. Phillips in their individual capacities and on behalf of others similarly situated. The opinion identifies the case as an action under the Fair Labor Standards Act. The parties submitted a revised settlement agreement, and the court had granted their motion seeking approval of that agreement.
Court’s Analysis
The court found that the settlement agreement was procedurally fair and resulted from arm’s-length negotiations between experienced counsel. Applying the requirements for settlement of a Fair Labor Standards Act action described in Cheeks v. Freeport Pancake House, Inc., the court found that the agreement was fair, reasonable, and a reasonable compromise of contested issues involving a genuine dispute.
Ruling
The court approved the overall settlement payment of $586,326.63 to the plaintiffs. It also approved attorneys’ fees of $73,762.50 for AndersonDodson and $251,537.50 for Virginia & Ambinder, totaling $325,300.00. The court approved costs of $1,575.76 for AndersonDodson and $4,149.62 for Virginia & Ambinder.
The court ordered implementation of all settlement terms and retained jurisdiction over the agreement’s completion and performance. The settlement agreement provides for dismissal of the action with prejudice. The clerk was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.