Abikzer v. 110 Gifts LLC

Background

The case included claims under the Fair Labor Standards Act. After mediation, the parties reached a settlement covering all issues. They submitted the proposed settlement agreement and a letter explaining why the agreement—including attorney’s fees and costs—was fair, reasonable, and adequate.

The matter had been referred to Judge Stewart D. Aaron for disposition with the parties’ consent under 28 U.S.C. § 636(c).

Court’s Analysis

The court reviewed the proposed settlement and found it fair and reasonable in light of the nature and scope of Abraham Abikzer’s individual claims and the risks and expenses of additional litigation.

Abikzer also requested approval of $8,019 in attorney’s fees and costs, described as one-third of the total settlement amount plus costs. The court noted that courts in the judicial circuit commonly approve fees equal to one-third of the total recovery. It found the requested fees fair and reasonable but expressly made no findings about whether counsel’s hourly rates were reasonable.

Ruling

The court approved the settlement. It dismissed the action with prejudice and without costs except as provided in the settlement agreement. The court retained jurisdiction to enforce the settlement agreement and directed the Clerk of Court to close the case.