Ocampo v. 455 Hospitality LLC

Background

Plaintiffs filed this action in December 2014 against 455 Hospitality LLC and other defendants, asserting claims under state and federal laws concerning wages and employment practices. On May 15, 2024, the parties asked the court to certify a class for settlement purposes, preliminarily approve their Class Settlement Agreement and Release, appoint class counsel and a claims administrator, and establish procedures and dates for carrying out the settlement, including a final approval hearing.

This amended order corrected an error in the court’s December 30, 2024 order. The earlier order had allowed class members who had not opted out of the settlement 60 days after receiving notice to object, while the Settlement Agreement allowed 45 days. The amended order changed that period to 45 days and left the remainder of the earlier order unchanged.

Class Certification for Settlement Purposes

The court provisionally certified a Rule 23 class solely for purposes of settlement. The class consists of the named plaintiffs, opt-in plaintiffs, and individuals employed at the DoubleTree by Hilton Hotel at 455 S. Broadway, Tarrytown, New York 10591, at any time from December 4, 2008, through March 18, 2016, who held a nonexempt position in the specified food-and-beverage or housekeeping positions listed in the order.

The court appointed the named plaintiffs to represent the class for settlement purposes only. It also found, for settlement purposes only, that the plaintiffs met the requirements for class certification under Rules 23(a) and 23(b)(3). The order states that this provisional certification has no other purpose or effect, including if the settlement is not ultimately approved.

Preliminary Settlement Approval

The court found on a preliminary basis that the settlement fell within a reasonable range and met the requirements for preliminary approval. It also found that the agreement resulted from extensive, arm’s-length negotiations by counsel experienced in wage-and-hour class actions. The court therefore GRANTS the motion for preliminary approval of the class action settlement agreement.

This was preliminary approval, not final approval. The court scheduled a Rule 23(e)(2) fairness hearing for May 12, 2025, to consider objections, make a final determination about the settlement’s fairness, adequacy, and reasonableness, decide attorneys’ fees, litigation costs and expenses, and service awards, and enter judgment.

Appointments and Notice

For settlement purposes only, the court appointed Smith, Buss & Jacobs, LLP, and Vincent Volino, PLLC as class counsel under Rule 23(g). The court also appointed Robert N. Lang, C.P.A., as the claims administrator.

The court found that the proposed notice procedures were the best practicable under the circumstances and satisfied due process. It approved the notice’s form and content and authorized the claims administrator to mail the updated notices to applicable class members. A class member who had not opted out had to mail or fax any written objection to the claims administrator within 45 days after the notice was mailed, after which the objection was to be filed with the court.