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S.D.N.Y.Procedural orderFiled May 17, 2021

Kristin Benzinger v. Lukoil Pan Americas, LLC

Judge
Paul Engelmayer
Docket
1:16-cv-08533
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaEmploymentCivil Procedure
In one sentence

In Kristin Benzinger v. Lukoil Pan Americas, Judge Engelmayer approves a fair wage-law settlement and dismisses the action with prejudice.

Who this affects

Kristin Benzinger, Lukoil Pan Americas, LLC, Litasco S.A., and Benzinger's attorney, Nesenoff & Miltenberg, LLP.

What happened

Kristin Benzinger v. Lukoil Pan Americas, LLC and Litasco S.A. was an action under the Fair Labor Standards Act and New York Labor Law. The parties submitted a proposed settlement agreement for the court's review.

Under the agreement, the defendants would pay Benzinger $54,209.60 and pay $30,790.40 in attorneys' fees and costs to her lawyer, Nesenoff & Miltenberg, LLP. The court found that the agreement was reached through fair procedures and was fair and reasonable.

Judge Engelmayer approved the agreement and dismissed the action with prejudice, as the parties requested. He directed the Clerk of Court to close the case.

The detailed version

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

Case
Kristin Benzinger v. Lukoil Pan Americas, LLC · No. 1:16-cv-08533
Judge
Paul Engelmayer
Date
May 17, 2021

Background

Kristin Benzinger brought this action against Lukoil Pan Americas, LLC, and Litasco S.A. under the Fair Labor Standards Act (FLSA) and New York Labor Law. On May 14, 2021, the parties submitted a proposed settlement agreement and a supporting letter.

Settlement Terms

The agreement provided for defendants to pay $54,209.60 to Benzinger and $30,790.40 in attorneys' fees and costs to Nesenoff & Miltenberg, LLP, Benzinger's attorney. The opinion states that the agreement allocated one third of the settlement amount, after costs, to plaintiff's counsel as attorneys' fees.

Court's Ruling

The court reviewed the agreement and concluded, substantially for the reasons stated in the parties' letter, that it was fair and reasonable. The court also found that the agreement was reached through procedurally fair means and satisfied the settlement-approval standard from Cheeks v. Freeport Pancake House, Inc.

Judge Engelmayer approved the agreement and dismissed the action with prejudice, as the parties requested. He directed the Clerk of Court to close the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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