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S.D.N.Y.Procedural orderFiled Sept. 1, 2022

Hernandez v. Yours Wholesome Foods, Inc.

Judge
Stewart Aaron
Docket
1:22-cv-03011
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaFee PetitionCivil Procedure
In one sentence

In Hernandez v. Yours Wholesome Foods, Judge Aaron approved the Fair Labor Standards Act settlement, dismissed the action with prejudice, and retained enforcement jurisdiction.

Who this affects

Carlos Hernandez and Yours Wholesome Foods, Inc. and the other defendants named in the action; the settlement also addressed attorney’s fees and costs.

What happened

Hernandez v. Yours Wholesome Foods involved Carlos Hernandez’s claims under the Fair Labor Standards Act. After mediation, the parties reached a settlement covering all issues and submitted it for court review.

The court found the settlement fair and reasonable based on the nature and scope of Hernandez’s individual claims and the risks and costs of further litigation. It also approved $17,735 in attorney’s fees and costs, which the opinion says was one-third of the total settlement amount plus costs.

Judge Stewart D. Aaron approved the settlement, dismissed the action with prejudice and without costs except as provided in the settlement agreement, retained jurisdiction to enforce the agreement, and 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
Hernandez v. Yours Wholesome Foods, Inc. · No. 1:22-cv-03011
Judge
Stewart Aaron
Date
Sept. 1, 2022

Background

Carlos Hernandez brought claims under the Fair Labor Standards Act, a federal law governing matters including minimum wages and overtime. After mediation, the parties settled all issues. Judge Broderick had directed the parties to submit the settlement agreement and explain why the settlement, including attorney’s fees and costs, was fair and reasonable. The parties submitted the proposed agreement and related papers, and the matter was referred to Magistrate Judge Stewart D. Aaron for disposition with the parties’ consent.

Settlement and Fees

The court reviewed the proposed settlement and found it fair and reasonable, considering the nature and scope of Hernandez’s individual claims and the risks and expenses of additional litigation. Hernandez requested approval of $17,735.00 in attorney’s fees and costs. The opinion states that this amount was one-third of the total settlement amount plus costs and that the submitted lodestar was $16,890.00. The court found the requested fees fair and reasonable in light of precedent, while making no findings about whether counsel’s hourly rates were reasonable.

Ruling

Judge Aaron approved the settlement. The action was dismissed with prejudice and without costs except as stated in the settlement agreement. The court retained jurisdiction to enforce the settlement agreement and requested that the Clerk of Court close the case.

Disposition

The settlement was approved, the action was dismissed with prejudice, and the court retained jurisdiction to enforce the settlement agreement.

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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