Garcia Salvador v. West 54 Liquors LLC
- Paul Engelmayer
- 1:20-cv-05220
- U.S. District Court · Southern District of New York
- 2
In Garcia Salvador v. West 54 Liquors, Judge Engelmayer approved the parties’ $25,000 settlement of wage claims and closed the case.
Cesar Augusto Garcia Salvador, West 54 Liquors LLC, Amany Awad, Lata Doe, Bushara Doe, and Garcia Salvador’s counsel are affected by the approved settlement. Garcia Salvador is to receive $16,220; his counsel is to receive $8,110 in fees and $670 in costs; and the defendants are to pay $25,000 total.
What happened
In Garcia Salvador v. West 54 Liquors LLC, the parties submitted a proposed settlement in a federal and New York wage-law case. The court reviewed the agreement and the parties’ explanations about attorney fees.
The defendants agreed to pay $25,000. Garcia Salvador would receive $16,220, while his lawyers would receive $8,110 in fees and $670 for costs.
Judge Engelmayer found that the agreement was reached fairly and was fair and reasonable. He approved it, kept authority to enforce its terms, and directed the Clerk of Court to close the case.
The detailed version
- Garcia Salvador v. West 54 Liquors LLC · No. 1:20-cv-05220
- Paul Engelmayer
- Feb. 4, 2021
Background
Cesar Augusto Garcia Salvador brought this action against West 54 Liquors LLC, doing business as 10th Ave Wines & Liquors, Amany Awad, Lata Doe, and Bushara Doe under the Fair Labor Standards Act and New York Labor Law. On February 1, 2021, the parties submitted a proposed settlement agreement and a supporting letter. They later submitted another letter clarifying the calculation of attorney fees.
Settlement Terms
The agreement required the defendants to pay $25,000 in total. Garcia Salvador was to receive $16,220. His counsel, Michael Faillace & Associates, PC, was to receive $8,110 in attorney fees and $670 in reimbursed costs. The court noted that the agreement allocated one third of the settlement amount, after subtracting costs, to attorney fees.
Ruling
The court concluded that the settlement was fair and reasonable and had been reached through procedurally fair means. It approved the agreement under the standard described in Cheeks v. Freeport Pancake House, Inc. Judge Engelmayer retained jurisdiction to enforce the agreement’s terms and directed the Clerk of Court to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.