De Los Santos Martinez v. 11 Kitchen Inc.

Background

This was a wage-and-hour case under the Fair Labor Standards Act. The parties consented to Magistrate Judge Sarah L. Cave’s jurisdiction to review their proposed settlement. They submitted a joint motion and settlement agreement for approval under the Second Circuit’s requirements for reviewing Fair Labor Standards Act settlements.

Settlement revisions

The court’s initial review found that the agreement lacked a breakdown showing how much each of the two plaintiffs would receive and how each installment payment would be allocated between the plaintiffs, attorneys’ fees, and costs. The court also found that the lawyers had not submitted documentation supporting their requested reimbursement of costs. It ordered the parties to revise and resubmit the agreement.

The parties’ first revised submission stated how much each plaintiff would receive and included documentation supporting the requested costs, but it still did not allocate each installment payment among the plaintiffs, attorneys’ fees, and costs. The court ordered another revision. The parties then submitted a second revised agreement containing the required breakdown.

Court’s analysis

After reviewing the motion, the second revised agreement, exhibits, and record, the court found that the agreement’s terms—including the allocation of attorneys’ fees and costs—appeared fair and reasonable under the circumstances and the factors used in this Circuit. The court reviewed the plaintiffs’ engagement letter and found no indication of overreaching or deceptive conduct. It also reviewed counsel’s billing records and found the hourly rate and hours worked reasonable.

Disposition

The court approved the settlement agreement. The order states that the action is dismissed with prejudice and without costs except as provided in the agreement. The court retained jurisdiction to enforce the agreement, ruled that any pending motions were moot, directed that the settlement motion be marked “granted,” and directed the Clerk of Court to close the case.

The opinion’s text identifies Sarah L. Cave as the United States Magistrate Judge who issued and signed the order, although the supplied case metadata identifies Vernon Broderick as the judge.