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S.D.N.Y.Procedural orderFiled Sept. 14, 2020

Basurto Gabino v. Pee Dee Corp.

Judge
Lorna Schofield
Docket
1:19-cv-04523
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureFee Petition
In one sentence

In Basurto Gabino v. Pee Dee Corp., Judge Schofield approved the settlement, granted $11,000 in fees and costs, and dismissed the action subject to 30-day restoration.

Who this affects

Basurto Gabino receives the remainder of the approved settlement, while plaintiff’s counsel receives $11,000 for attorneys’ fees and costs. The action is dismissed, subject to an application to restore it within 30 days.

What happened

In Basurto Gabino v. Pee Dee Corp., the parties asked the court to approve a proposed settlement. The opinion does not describe the underlying claims or state the settlement’s total amount.

The court approved the settlement as fair and reasonable. It granted plaintiff’s counsel $11,000 for attorneys’ fees and costs, directed that the rest of the settlement go to the plaintiff, and dismissed the action without costs and without prejudice to restoring it within 30 days. Pending motions were dismissed as moot, and scheduled conferences and deadlines were canceled.

Judge Lorna G. Schofield entered the order on September 14, 2020. The order states that an application to reopen filed after 30 days may be denied solely because it was late.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Basurto Gabino v. Pee Dee Corp. · No. 1:19-cv-04523
Judge
Lorna Schofield
Date
Sept. 14, 2020

Background

On September 4, 2020, the parties filed a letter motion asking the court to approve a proposed settlement. The opinion does not identify the underlying claims or state the settlement’s total value.

Rulings

The court approved the settlement as fair and reasonable, considering the nature and scope of the plaintiff’s claims and the risks and expenses of additional litigation.

The court granted plaintiff’s counsel’s request for $11,000, inclusive of reasonable attorneys’ fees and costs. The remainder of the settlement was ordered to be distributed to the plaintiff.

The action was dismissed without costs and without prejudice to restoring it to the court’s calendar if an application was made within 30 days of the order. The order states that an application to reopen filed after 30 days may be denied solely on that basis. Any pending motions were dismissed as moot, and all conferences and deadlines were canceled.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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