Mirabel v. Twin America LLC
- Andrew Carter
- 1:15-cv-05086
- U.S. District Court · Southern District of New York
- 5
In Mirabel v. Twin America LLC, Judge Carter approved a class settlement, fees, service awards, and administration costs, then dismissed the case with prejudice.
The approved settlement binds class members who did not timely opt out. It also affects named plaintiffs Mariano Mirabel and William Hylton, class counsel, the settlement administrator, and the defendants covered by the case.
What happened
In Mirabel v. Twin America LLC, Mariano Mirabel and William Hylton sought to represent dispatchers who worked for Twin America LLC and/or JAD Transportation, Inc. The parties proposed a settlement covering the class and a Fair Labor Standards Act collective group.
The court held a fairness hearing, where no one objected or opted out. The parties removed a provision restricting statements to the media, and the court approved the revised settlement, finding it fair, reasonable, and adequate. The court also approved the payment plan and confirmed the class and collective group for settlement purposes.
Judge Carter approved $148,573 in attorneys’ fees and costs, two $10,000 service awards, and $13,466 in settlement-administrator fees. The court fully and finally dismissed the case and litigation with prejudice.
The detailed version
- Mirabel v. Twin America LLC · No. 1:15-cv-05086
- Andrew Carter
- Feb. 8, 2021
Background
Named Plaintiffs Mariano Mirabel and William Hylton brought the action in 2015 on behalf of themselves and similarly situated dispatchers who worked for Twin America LLC doing business as City Sights and/or JAD Transportation, Inc., from January 1, 2009, through December 31, 2013. The parties first sought preliminary approval of a class settlement. The court granted preliminary approval on September 18, 2020.
On January 7, 2021, the parties filed a consent motion seeking final class certification, approval of the settlement, attorneys’ fees, service awards, and administration costs. The court held a fairness hearing on January 21, 2021. No class member objected or opted out. At the hearing, the parties agreed to remove a provision restricting statements to the media; that change appeared in the revised settlement agreement filed February 4, 2021.
Court’s Rulings
The court confirmed final certification of the class for settlement purposes under Federal Rule of Civil Procedure 23. It also approved the Fair Labor Standards Act settlement and certified the related collective group under 29 U.S.C. § 216(b). The court confirmed Mirabel and Hylton as class and collective representatives and confirmed The Law Offices of Anthony Ofodile as class counsel.
The court found that the notice provided to class and collective members was the best notice practicable under the circumstances and satisfied the requirements of Rule 23, the Fair Labor Standards Act, and due process. It granted the consent motion for final approval and approved the revised settlement. The court found the settlement procedurally fair because it resulted from vigorous, arm’s-length negotiations after counsel investigated the claims. It also found the settlement substantively fair, reasonable, and adequate after considering the risks, expense, complexity, likely duration, stage of the litigation, discovery completed, risks of proving liability and damages, risks of maintaining the class through trial, lack of objections, defendants’ ability to pay a larger judgment, and the range of possible recovery.
The court approved the proposed allocation plan and directed that payments be made under the revised settlement agreement to class members who did not timely opt out. It found the settlement fair and reasonable under the Fair Labor Standards Act. The court granted the motion for attorneys’ fees and awarded class counsel $148,573 in fees and costs, to be paid from the settlement fund. It approved $10,000 service awards for each of Mirabel and Hylton and approved $13,466 in settlement-administrator fees, also to be paid from the settlement fund.
Disposition
Judge Andrew L. Carter, Jr. fully and finally dismissed the matter and litigation in its entirety with prejudice.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.