Scott v. United Cerebral Palsy Associations Of New York State, Inc.
- Stewart Aaron
- 1:22-cv-07427
- U.S. District Court · Southern District of New York
- 2
In Scott v. United Cerebral, Judge Aaron approved the parties’ Fair Labor Standards Act settlement, including fees and costs, and dismissed the action with prejudice.
The order affected Nichole Scott and United Cerebral Palsy Associations Of New York State, Inc. by approving their settlement, approving the specified costs and attorney’s fees, and dismissing the action with prejudice.
What happened
In Scott v. United Cerebral Palsy Associations Of New York State, Inc., Nichole Scott and the defendant reached a settlement covering all issues after mediation. They asked the court to approve it as fair and reasonable.
The court approved the settlement and also approved $477 in costs and $4,841 in attorney’s fees. The action was dismissed with prejudice and without costs, except as provided in the settlement agreement.
Judge Stewart D. Aaron ruled that the settlement was fair and reasonable based on the nature and scope of Scott’s individual claims and the risks and expenses of continued litigation.
The detailed version
- Scott v. United Cerebral Palsy Associations Of New York State, Inc. · No. 1:22-cv-07427
- Stewart Aaron
- Jan. 25, 2023
Background
Nichole Scott brought claims under the Fair Labor Standards Act against United Cerebral Palsy Associations Of New York State, Inc. After mediation, the parties reached a settlement resolving all issues. They submitted the proposed settlement agreement and asked the court to approve it as fair, reasonable, and adequate.
Court’s Analysis
The court reviewed the proposed settlement and found it fair and reasonable. It considered the nature and scope of Scott’s individual claims, along with the risks and expenses involved in further litigation.
Scott also sought approval of $477 in costs and $4,841 in attorney’s fees. The opinion states that the fee request represented one-third of the total settlement amount after costs. The court noted that courts in the Southern District of New York typically approve attorney’s fees equal to one-third of the total recovery and found the requested fees fair and reasonable.
Disposition
The court approved the settlement. It dismissed the action with prejudice and without costs except as provided in the settlement agreement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.