Scicluna v. Sierra Real Estate LLC
- Lorna Schofield
- 1:20-cv-00762
- U.S. District Court · Southern District of New York
- 1
In Scicluna v. Lee & Associates NYC LLC, Judge Schofield approved the FLSA settlement, granted $22,500 in fees and costs, and dismissed the action without prejudice to timely restoration.
The plaintiffs, plaintiffs’ counsel, and defendants in the action were affected. Counsel was awarded $22,500 in fees and costs, the remainder of the settlement was to go to the plaintiffs, and the action was dismissed subject to the stated 30-day restoration procedure.
What happened
Scicluna v. Lee & Associates NYC LLC was an action under the Fair Labor Standards Act. The parties filed a joint letter with a settlement agreement and attorney billing information, and plaintiffs’ counsel confirmed that the billing records accurately reflected the time attorneys had recorded.
The court approved the settlement as fair and reasonable, considering the nature and scope of the plaintiffs’ claims and the risks and expenses of further litigation. The court also granted plaintiffs’ counsel’s request for $22,500, including fees and costs, and ordered that the rest of the settlement be distributed to the plaintiffs.
Judge Lorna G. Schofield dismissed the action without costs and without prejudice to restoring it to the court’s calendar if an application was made within 30 days. The court dismissed any pending motions as moot and canceled all conferences and deadlines.
The detailed version
- Scicluna v. Sierra Real Estate LLC · No. 1:20-cv-00762
- Lorna Schofield
- Oct. 27, 2020
Background
The action arose under the Fair Labor Standards Act. The parties submitted a joint letter containing their settlement agreement and information about attorney billing. After an earlier court order, plaintiffs’ counsel confirmed that the billing information accurately reflected contemporaneous records of attorney time billed.
Settlement Approval
The court approved the settlement agreement as fair and reasonable. In doing so, it considered the nature and scope of the plaintiffs’ claims and the risks and expenses associated with additional litigation.
Fees and Costs
The court granted plaintiffs’ counsel’s request for $22,500, including attorneys’ fees and costs. The remainder of the settlement was to be distributed to the plaintiffs.
Disposition
Judge Lorna G. Schofield ordered that the action be dismissed without costs and without prejudice to restoring it to the court’s calendar, provided an application to restore the action was made within 30 days of the order. The court stated that an application filed after 30 days could be denied solely on that basis. Any pending motions were dismissed as moot, and all conferences and deadlines were canceled.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.