Wilner v. Leopold & Associates, PLLC
- Paul Davison
- 7:15-cv-09374
- U.S. District Court · Southern District of New York
- 4
Wilner v. Leopold & Associates: Judge Davison approved a class settlement, plaintiff awards, and $53,000 in attorneys’ fees and expenses.
The settlement affected the 1,900 remaining class members who received the specified letters using New York mailing addresses during the class period, the two named plaintiffs, Leopold & Associates, PLLC, the other defendants, class counsel, and The Legal Aid Society of Westchester County as the recipient of any undistributed class funds.
What happened
In Wilner v. Leopold & Associates, PLLC, the court considered a proposed settlement for people who received certain letters from Leopold & Associates using New York mailing addresses between November 30, 2014, and December 21, 2015. The class included 1,900 remaining members after notices were sent and no objections were received.
The court found the settlement fair, reasonable, and adequate. It approved the settlement, directed the parties to complete it, required the settlement administrator to distribute the settlement fund, and approved $3,000 for each of the two plaintiffs, including a $2,000 incentive award for each. It also approved $53,000 for class counsel’s fees, costs, and litigation expenses.
Judge Paul E. Davison entered final judgment approving the settlement. Class members released the defendants from the claims covered by the agreement, and the court retained continuing authority over the settlement’s administration and enforcement.
The detailed version
- Wilner v. Leopold & Associates, PLLC · No. 7:15-cv-09374
- Paul Davison
- Jan. 25, 2022
Background
The plaintiffs were Nochum C. Wilner and Esty Wilner, who brought the case on behalf of themselves and others similarly situated. The settlement class consisted of natural persons to whom Leopold & Associates, PLLC mailed a post-referral solicitation letter or an RPAPL 104 demand letter using a New York mailing address during the period from November 30, 2014, through December 21, 2015.
The court had previously granted preliminary approval and later required the class to receive revised notice. Two class members excluded themselves after the initial notice. No class members requested exclusion after the later notice, and the court identified 1,900 remaining class members whose notices were not returned as undeliverable. No objections to the settlement were received by the court, the parties’ counsel, or the settlement administrator.
Court’s Findings
After considering the requirements of Federal Rule of Civil Procedure 23(e)(2) and the factors identified in City of Detroit v. Grinnell Corp., the court found that the class-action settlement was fair, reasonable, and adequate. The court also found reasonable the $2,000 incentive award for each of the two individual plaintiffs and the $53,000 award to class counsel for attorneys’ fees, costs, and litigation expenses.
Ruling and Effect
The court granted final approval of the class-action settlement agreement. It directed the parties and class counsel to complete the settlement, required the administrator to distribute the class fund to the remaining class members, and approved the designation of The Legal Aid Society of Westchester County to receive any undistributed class funds.
The court approved an award of $3,000 to each plaintiff, including the $2,000 incentive award, and approved $53,000 for class counsel’s fees, costs, and litigation expenses. Under the agreement, remaining class members released the defendants from the covered class claims, and each plaintiff released claims that could have been asserted against a defendant in the lawsuit or through a civil action or arbitration proceeding as of the date of signing. Judge Paul E. Davison retained exclusive and continuing authority over administration and enforcement of the settlement.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.