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S.D.N.Y.Procedural orderFiled Jan. 15, 2021

Polanco v. Marjan International Corp.

Judge
Ronnie Abrams
Docket
1:19-cv-08742
Court
U.S. District Court · Southern District of New York
Pages
3
EmploymentFlsaFee PetitionCivil Procedure
In one sentence

In Polanco v. Marjan, Judge Abrams approved the wage-settlement agreement and dismissed the case with prejudice.

Who this affects

Julio Cesar Polanco, Manuel Elias Cruz, Marjan International Corp., Morad Ghadamian, and plaintiffs’ counsel were affected by the approved settlement, release, fee award, and dismissal.

What happened

In Polanco v. Marjan International Corp., Julio Cesar Polanco and Manuel Elias Cruz sued Marjan International Corp. and Morad Ghadamian under federal and New York wage laws. They alleged violations of the Fair Labor Standards Act and the New York Labor Law.

The parties agreed that the defendants would pay $60,000 to settle the wage claims. After attorneys’ fees, Polanco would receive $23,000 and Cruz would receive $16,500. The court found the settlement, the fees and costs, and the limited release of wage-related claims fair and reasonable.

Judge Ronnie Abrams approved the agreement, retained jurisdiction only to enforce it, and dismissed the action with prejudice. The Clerk of Court was directed to close the case.

The detailed version

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

Case
Polanco v. Marjan International Corp. · No. 1:19-cv-08742
Judge
Ronnie Abrams
Date
Jan. 15, 2021

Background

Julio Cesar Polanco and Manuel Elias Cruz brought claims against Marjan International Corp. and Morad Ghadamian under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The court considered the parties’ proposed settlement agreement and their fairness letter.

Settlement Terms

The defendants agreed to pay a total of $60,000 in exchange for releasing the plaintiffs’ wage-and-hour claims. After attorneys’ fees, Polanco would receive $23,000 and Cruz would receive $16,500 in damages. The court noted that these amounts were lower than the plaintiffs’ estimated best-case recoveries of $45,000 and $21,000, respectively, but found the settlement reasonable because of the risks of trial.

The court approved $20,500 in attorneys’ fees and costs for plaintiffs’ counsel. It found that this amount was approximately one-third of the settlement and reasonable under the percentage-of-the-fund method.

The court also approved the release. It was limited to wage-and-hour claims under the FLSA and NYLL arising from the plaintiffs’ prior employment by the defendants, including claims for unpaid wages, minimum wages, overtime, spread-of-hours premiums, liquidated damages, and related penalties. The release did not cover all past or future claims against the defendants.

Ruling

Judge Ronnie Abrams approved the settlement agreement. The court retained jurisdiction for the limited purpose of enforcing the agreement. It dismissed the action with prejudice and directed the Clerk of Court to close the case.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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