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S.D.N.Y.Procedural orderFiled Nov. 14, 2022

Reyes v. Richard Buses Inc.

Judge
Jesse Furman
Docket
1:21-cv-05564
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaFee PetitionCivil Procedure
In one sentence

In Maria Reyes v. First Step Trans., Inc., Judge Furman approved the Fair Labor Standards Act settlement, approved fees and costs, and dismissed the case with prejudice.

Who this affects

Maria Reyes, First Step Trans., Inc., and Reyes’s attorney were directly affected by the settlement approval, fee approval, and dismissal of the case.

What happened

Maria Reyes brought this Fair Labor Standards Act wage case against First Step Trans., Inc., and the parties reached a settlement. The court reviewed their explanation and proposed agreement.

Judge Furman found the settlement fair and reasonable in light of Reyes’s individual claim, along with the risks and costs of continuing the case. The court also approved $3,333.33 in attorney’s fees and costs, even though the amount was high compared with the claim and recovery.

Judge Jesse M. Furman approved the settlement subject to the requirement that any later modification receive court approval. He dismissed the case with prejudice, found all pending motions moot, and directed the clerk to close the case.

The detailed version

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

Case
Reyes v. Richard Buses Inc. · No. 1:21-cv-05564
Judge
Jesse Furman
Date
Nov. 14, 2022

Background

The action arose under the Fair Labor Standards Act, a federal law governing matters including employee wages and hours. The parties advised the court that they had agreed to settle the case. The court previously required them to submit a joint letter explaining the proposed settlement and addressing the factors used to evaluate whether an FLSA settlement should be approved.

Settlement Approval

After reviewing the parties’ letter and proposed settlement agreement, the court found the settlement fair and reasonable. The court considered the nature and scope of Maria Reyes’s individual claim and the risks and expenses of further litigation. The court also noted that concerns about employees being pressured into waiving FLSA claims were less significant because Reyes no longer worked for the defendant.

The court ordered that any modification of the settlement agreement must receive court approval, even if the agreement says that the parties may modify it without court approval.

Attorney’s Fees and Disposition

Reyes also requested approval of $3,333.33 in attorney’s fees and costs. The court acknowledged that the requested amount was high compared with the size of the claim and recovery, but found no reason to reduce it because there were no additional people who had joined the case, the case was not a collective action, and the fee award was based on an agreement between Reyes and her attorney. The court stated that the approved fees and costs represented one-third of the recovery. It did not express an opinion about whether counsel’s hourly rates or the number of hours worked were reasonable.

Judge Jesse M. Furman approved the settlement subject to the court-approval condition for modifications. The court dismissed the case with prejudice, meaning the case was ended and could not be brought again in that form. It found all pending motions moot, directed the clerk to terminate ECF No. 70, and ordered the case closed.

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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