Jiang v. Kim
- Philip Halpern
- 7:20-cv-06531
- U.S. District Court · Southern District of New York
- 2
In Jiang v. Kim, Judge Halpern approved the parties’ settlement of wage-and-hour claims and ordered plaintiffs to file dismissal papers.
The named plaintiffs and defendants in the wage-and-hour case; the action was also brought on behalf of others similarly situated.
What happened
Jiang v. Kim involved Hong Jiang, Xianhua Lin, Yan Liu, and Yingying Zhao, who sued Lash Belle Eyelash Extensions Inc., Miseon Kim, and Lihua Han. They brought claims under the Fair Labor Standards Act and New York Labor Law.
The plaintiffs alleged that the defendants failed to pay required minimum wages and overtime, along with other statutory violations. The parties agreed to settle their disputes and end the litigation.
Judge Philip M. Halpern found the settlement fair and reasonable and found the attorneys’ fees reasonable. He granted the settlement motion, approved the settlement, directed the plaintiffs to file dismissal papers within 21 days, and canceled the scheduled initial conference.
The detailed version
- Jiang v. Kim · No. 7:20-cv-06531
- Philip Halpern
- Nov. 17, 2020
Background
Hong Jiang, Xianhua Lin, Yan Liu, and Yingying Zhao sued Lash Belle Eyelash Extensions Inc., doing business as Lash Belle Eyelash Extensions, and Miseon Kim, also known as Mina Kim, and Lihua Han, also known as Eva Han. The complaint alleged violations of the Fair Labor Standards Act and New York Labor Law, including failures to pay applicable minimum wages and overtime compensation, as well as other statutory violations. The action was brought as a Fair Labor Standards Act collective action and a proposed class action under Federal Rule of Civil Procedure 23.
Settlement Review
The parties sought approval of a settlement agreement and asked to discontinue the litigation. The court reviewed the proposed agreement and related submissions under the standard described in Cheeks v. Freeport Pancake House, Inc. The court found that the agreement was fair and reasonable and that the attorneys’ fees were reasonable.
Ruling
Judge Philip M. Halpern granted the motion for settlement and approved the settlement. The court directed the plaintiffs to file a stipulation of dismissal within 21 days of the order. It also canceled the initial conference scheduled for November 23, 2020. The opinion does not state the settlement’s terms or any payment amounts.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.