Ramos v. Koonsup Thai, Inc.

Background

Francisco Amadeo Clemente Ramos brought this action on behalf of himself and Fair Labor Standards Act (FLSA) collective plaintiffs against Koonsup Thai, Inc., doing business as Pro Thai, and Arunrat Voonbumroung. The parties advised the court that they had reached a settlement. The court had previously directed them to explain the proposed settlement and why it should be approved, referring to the factors in Wolinsky v. Scholastic, Inc.

Settlement Approval

After reviewing the parties’ December 12, 2019 letter, the court found the settlement fair and reasonable. It considered the nature and scope of the plaintiff’s individual claim and the risks and expenses involved in continuing the litigation. The court discussed the FLSA’s limits on an employee’s ability to waive claims, but found those concerns less significant because the plaintiff no longer worked for the defendant.

The settlement totaled $15,000. The court approved the plaintiff’s request for $4,865.02 in attorney’s fees and $404.95 in costs. The court stated that the fee award represented 32.4% of the settlement amount and noted that courts in the circuit typically approve fees between 30% and 33%.

Conditions and Disposition

The court required court approval of any modification to the settlement agreement, even if the agreement purported to permit the parties to modify it without court approval. It also modified the agreement to provide that, if plaintiff’s counsel deducted fees and costs from installment payments, counsel could deduct no more than a pro rata share from each installment.

The court approved the settlement subject to those conditions. It dismissed the case with prejudice, ruled that all pending motions were moot, and directed the Clerk of Court to close the case.