Tolomei v. Hess Restorations, Inc.
- James Oetken
- 1:23-cv-00052
- U.S. District Court · Southern District of New York
- 2
In Tolomei v. Hess Restorations, Judge Oetken approved the FLSA settlement and dismissed the case with prejudice.
Julia Tolomei, Hess Restorations, Inc., the other defendants, and Tolomei’s counsel were affected by the approved settlement and dismissal. The court retained limited jurisdiction over disputes arising from the settlement.
What happened
Julia Tolomei and Hess Restorations, Inc., and other defendants notified the court that they had settled Tolomei’s Fair Labor Standards Act claims. Their proposed agreement provided for a $10,000 settlement, including $4,000 in attorney’s fees and $519 in costs for Tolomei’s counsel.
The court reviewed the proposed agreement and found it fair and reasonable. The opinion noted an inconsistency in the agreement about the amount Tolomei would receive, but approved the settlement on the assumption that the correct amount was $5,481.
Judge Oetken approved the proposed settlement, dismissed the case with prejudice, and retained jurisdiction only to resolve disputes arising from the settlement. The Clerk of Court was directed to close the case.
The detailed version
- Tolomei v. Hess Restorations, Inc. · No. 1:23-cv-00052
- James Oetken
- Mar. 27, 2023
Background
The parties informed the court that they had reached a settlement in Julia Tolomei’s Fair Labor Standards Act (FLSA) case and submitted the proposed agreement for approval. The proposed settlement totaled $10,000 for Tolomei’s FLSA claims. Of that amount, $4,000 was designated as attorney’s fees and $519 as costs payable to Tolomei’s counsel.
Settlement Terms
The court noted an inconsistency in the executed agreement. It stated that Tolomei would receive $2,750.50 for work performed for the defendants and $2,750.50 in liquidated damages, while another provision stated that her total compensation would be $5,481. The court approved the agreement on the assumption that $5,481 was the correct amount because Tolomei’s counsel would receive $4,000 in fees and $519 in costs, leaving that amount from the $10,000 settlement.
Ruling
Applying the fairness standard for FLSA settlements, the court found the proposed agreement fair and reasonable. Judge Oetken approved the settlement submitted at ECF No. 20 and dismissed the case with prejudice. The court retained jurisdiction solely to resolve disputes arising from the settlement agreement and settlement of the action, and directed the Clerk of Court to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.