Aguirre v. Mardave Management Inc.
- Lorna Schofield
- 1:22-cv-04818
- U.S. District Court · Southern District of New York
- 2
In Aguirre v. Mardave Management Inc., Judge Schofield approved a wage-and-hour settlement, granted counsel $13,868, and closed the case.
Michael Aguirre, Mardave Management Inc. and the other named defendants, and Plaintiff’s counsel.
What happened
In Aguirre v. Mardave Management Inc., the parties submitted a settlement agreement, time records, and a breakdown of the plaintiff’s counsel’s fees.
The court found the settlement fair and reasonable because it resulted from negotiations between experienced counsel, showed no signs of fraud or collusion, and did not release unrelated claims. The court also approved $13,868 for counsel, including $552 in costs, with the rest of the settlement going to Michael Aguirre.
Judge Schofield granted the fee request and directed the Clerk of Court to close the case.
The detailed version
- Aguirre v. Mardave Management Inc. · No. 1:22-cv-04818
- Lorna Schofield
- Feb. 7, 2023
Background
The parties filed a joint letter and settlement agreement on February 3, 2023. They also submitted contemporaneous time records and a breakdown of Plaintiff’s counsel’s fees. The opinion refers to Plaintiff’s claims as involving wage-and-hour issues.
Settlement Approval
The court approved the settlement as fair and reasonable. It relied on the nature and scope of the claims, the risks and expenses of further litigation, and the fact that the agreement resulted from arms-length negotiations by experienced counsel. The court found no indication of fraud or collusion. It also found that the agreement did not release claims unrelated to wage-and-hour issues.
Attorney’s Fees and Disposition
The court granted Plaintiff’s counsel’s request for $13,868. That amount included $552 in reimbursed costs, with the remainder treated as an attorney’s fee. The court noted that the request was below the lodestar calculation—the reasonable hourly rate multiplied by the reasonable number of hours—and was approximately one-third of the settlement. The court found the amount fair and reasonable based on counsel’s quality, the risks of litigation, and the case’s magnitude and complexity. The remainder of the settlement was to be distributed to Plaintiff. The Clerk of Court was directed to close the case.
Classification
This is a procedural order because the court approved a settlement and ruled on an associated fee request without deciding the underlying wage-and-hour claims on their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.