Gordillo v. 20 E 49 Restaurant, Inc.
- Sarah Netburn
- 1:17-cv-08460
- U.S. District Court · Southern District of New York
- 4
In Gordillo v. 20 E 49 Restaurant, Judge Netburn preliminarily approved a wage settlement, conditionally certified a settlement class, and scheduled a final hearing.
The order affected the named plaintiffs, the proposed settlement class of more than 100 members, the defendants, plaintiffs’ counsel, and the settlement claims administrator. Class members received procedures for participating in, opting out of, or objecting to the proposed settlement, and claims covered by the proposed release were subject to the court’s temporary restrictions pending the final fairness hearing.
What happened
In Gordillo v. 20 E 49 Restaurant, the plaintiffs brought wage-and-hour claims under federal and New York law and asked the court to preliminarily approve a proposed class settlement.
The proposed class included more than 100 people who allegedly experienced wage-and-hour violations. The plaintiffs also requested temporary class certification for settlement purposes, appointment of class counsel and a settlement claims administrator, and approval of the notice and claim forms.
Judge Sarah Netburn granted preliminary approval of the settlement, conditionally certified the class for settlement purposes only, appointed Helen F. Dalton & Associates, P.C. as class counsel and Arden Claims Service as claims administrator, and approved procedures for notice, participation, exclusion, and objections. She scheduled a final fairness hearing for May 1, 2020, stayed most proceedings until then, and directed plaintiffs’ counsel to seek final approval, attorney’s fees and costs, and service payments.
The detailed version
- Gordillo v. 20 E 49 Restaurant, Inc. · No. 1:17-cv-08460
- Sarah Netburn
- Feb. 18, 2020
Background
The plaintiffs brought this wage-and-hour action under the Fair Labor Standards Act and the New York State Labor Law. They moved for preliminary approval of a proposed class settlement, conditional certification of a settlement class under Federal Rule of Civil Procedure 23(b), appointment of class counsel and a claims administrator, and approval of the proposed settlement notice.
The plaintiffs proposed a class of more than 100 members who alleged wage-and-hour violations. The court reviewed the parties’ Class Settlement Agreement and submissions and stated that the proposed agreement appeared fair, reasonable, and adequate for sending notice to class members.
Rulings
Judge Sarah Netburn granted preliminary approval of the Class Settlement Agreement. This was preliminary approval only; the court scheduled a later fairness hearing to decide whether to grant final approval.
The court conditionally certified the Rule 23 class for settlement purposes only. It also appointed Helen F. Dalton & Associates, P.C. as class counsel and Arden Claims Service as the third-party settlement claims administrator.
The court approved the procedures for class members to participate in, opt out of, or object to the settlement. Plaintiffs were directed to distribute the proposed notice and claim form, with distribution completed no later than ten days after the order. The order specified information that a class member must include in a valid written objection.
Further Proceedings and Effect
The court scheduled a final fairness hearing for May 1, 2020, at 2:00 p.m. at the federal courthouse at 40 Foley Square, Courtroom 219, New York, New York. Until that hearing, the court stayed all proceedings except those needed to carry out or enforce the settlement and the order.
The court also enjoined class members from filing or prosecuting claims, lawsuits, or administrative proceedings concerning claims released by the settlement unless they first filed valid requests for exclusion. The order specifically included continuing related claims before the New York State Department of Labor. Plaintiffs’ counsel was directed to file a motion and supporting memorandum for final settlement approval, attorney’s fees and costs, and service payments to the named plaintiffs by April 20, 2020. The clerk was requested to terminate the plaintiffs’ motion at ECF No. 83.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.