Herbert v. Go New York Tours Inc.
- Alison Nathan
- 1:18-cv-05653
- U.S. District Court · Southern District of New York
- 4
In Herbert v. Go New York Tours Inc., Judge Nathan approved the class settlement, authorized payments, and dismissed the action on the merits with prejudice.
The settlement class and collective members, the named plaintiffs Sheldon Herbert, Justyn Martindale, and Benjamin Davis, class counsel, and defendants Go New York Tours Inc. and Alon Brand were affected. The settlement released covered claims for eligible class members, subject to the stated exceptions.
What happened
In Herbert v. Go New York Tours Inc., the court reviewed a proposed settlement involving the named plaintiffs, a class, and a collective under the Fair Labor Standards Act and New York Labor Law. The court found that mailed notice adequately informed class members about the settlement, their rights to object or opt out, and the fairness hearing; no one objected or opted out.
The court certified the class for settlement purposes only, approved the settlement and its releases, approved the allocation plan, and appointed the named plaintiffs as class representatives and William Coudert Rand as class counsel. It also approved payments of $7,500 to Sheldon Herbert, $5,000 to Justyn Martindale, and $3,500 to Benjamin Davis, plus $24,051.53 in attorneys’ fees and $413.47 in costs.
Judge Nathan entered final judgment, directed the parties to carry out the settlement, and dismissed the action on the merits and with prejudice. The court retained exclusive jurisdiction as needed to resolve disputes under the settlement or carry out its terms, and stated that defendants did not admit liability.
The detailed version
- Herbert v. Go New York Tours Inc. · No. 1:18-cv-05653
- Alison Nathan
- June 25, 2020
Background
The court considered a proposed order and final judgment after previously granting preliminary approval of a settlement. The defendants were Go New York Tours Inc. and Alon Brand. The order addressed a class and collective action involving the named plaintiffs and other similarly situated people. The opinion identifies the applicable legal authorities as Federal Rule of Civil Procedure 23, the Fair Labor Standards Act, and the New York Labor Law, but the provided text does not describe the underlying claims in more detail.
Notice and Class Certification
The court found that first-class-mail notice was the best practicable notice and satisfied due-process requirements, Rule 23, applicable state law, and the Fair Labor Standards Act. The notices explained the settlement terms, the rights to object or opt out, and the right to attend and speak at the fairness hearing. The court stated that no class members objected or opted out.
For settlement purposes only, the court found that the class met the applicable Rule 23 certification standards and certified the class to carry out the settlement. Because certification was only for settlement, the court did not address Rule 23(b)(3)’s manageability requirement. The court appointed Sheldon Herbert, Justyn Martindale, and Benjamin Davis as class representatives and William Coudert Rand and his law office as class counsel for settlement purposes.
Settlement Approval and Payments
The court approved the settlement, its releases, and its other terms as fair, just, reasonable, and adequate under applicable law. It also approved the settlement’s allocation plan and directed that the net settlement amount be distributed according to the agreement.
The court approved individual payments of $7,500 to Sheldon Herbert, $5,000 to Justyn Martindale, and $3,500 to Benjamin Davis. It awarded class counsel $24,051.53 in attorneys’ fees and $413.47 in costs and expenses. The order stated that defendants were not required to make additional settlement payments beyond those required by the agreement and the order.
Final Judgment
The order released the claims covered by the settlement for class members, except those who timely and validly opted out or received an exclusion from defendants. It also stated that defendants entered the settlement only to compromise disputed claims and expressly denied liability.
Judge Alison Nathan entered final judgment, dismissed the action on the merits and with prejudice, and closed the case. The court retained exclusive jurisdiction as necessary to resolve settlement disputes or carry out the agreement. The order stated that it constituted a final judgment under Federal Rule of Civil Procedure 58.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.