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S.D.N.Y.Procedural orderFiled Apr. 6, 2023

Berry v. Mediacom Communications Corporation

Judge
Vyskocil
Docket
1:22-cv-05183
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaCivil Procedure
In one sentence

In Berry v. Mediacom Communications, Judge Vyskocil found the amended settlement fair but awarded no settlement fees to Plaintiff’s counsel.

Who this affects

Elizabeth Berry, Mediacom Communications Corp., and Plaintiff’s counsel. The amended settlement was found fair and reasonable, but Plaintiff’s counsel will receive no fees from the settlement.

What happened

In Berry v. Mediacom Communications Corp., the parties told the court they had agreed to settle the case.

The court had twice declined to approve earlier versions of the settlement, so the parties submitted an amended agreement. The court reviewed that agreement under the Fair Labor Standards Act and applicable Second Circuit law.

Judge Mary Kay Vyskocil found the amended settlement fair and reasonable, but ordered that Plaintiff’s counsel receive no fees from the settlement.

The detailed version

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

Case
Berry v. Mediacom Communications Corporation · No. 1:22-cv-05183
Judge
Vyskocil
Date
Apr. 6, 2023

Background

Elizabeth Berry and Mediacom Communications Corp. previously informed the court that they had reached an agreement to settle the case. The court twice declined to approve the earlier settlement agreement, for reasons explained in prior opinions. The parties then submitted an amended settlement agreement.

Court’s Analysis

The court reviewed the amended agreement for fairness under the Fair Labor Standards Act and Second Circuit law. Considering all of the circumstances, the court found that the settlement was fair and reasonable.

Ruling

Judge Mary Kay Vyskocil approved the amended settlement as fair and reasonable. However, with the parties’ consent and for the reasons discussed at the settlement-approval hearing on April 5, 2023, Plaintiff’s counsel will not be awarded any fees from the settlement.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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