Andreyuk v. ASF Construction & Excavation Corp.
- Andrew Krause
- 7:19-cv-07476-AEK
- U.S. District Court · Southern District of New York
- 3
In Andreyuk v. ASF Construction, Judge Krause approved the parties’ fair-and-reasonable wage settlement under the Fair Labor Standards Act, awarding $72,500 total and closing the case.
The settlement affected Anatoliy Andreyuk, Jenny Felippelli as executor of Jose Felippelli’s estate, ASF Construction & Excavation Corp., Andre Fernandez, and plaintiffs’ counsel. It allocated $10,000 to Ms. Felippelli, $38,333.33 to Mr. Andreyuk, and $24,166.67 to counsel.
What happened
In Andreyuk v. ASF Construction & Excavation Corp., Anatoliy Andreyuk and Jenny Felippelli, as executor of Jose Felippelli’s estate, submitted a proposed settlement for court approval. The opinion excerpt does not describe the underlying claims beyond identifying the matter as involving the Fair Labor Standards Act.
The court found the settlement fair and reasonable. It approved $24,166.67 in fees and costs for plaintiffs’ counsel, including $2,127.65 in listed expenses, even though $20.16 of those expenses was not supported by documentation because the overall award remained below the calculated lodestar amount.
Judge Andrew E. Krause approved the settlement and directed that the case be closed. The agreement provides $10,000 to Jenny Felippelli, $38,333.33 to Anatoliy Andreyuk, and $24,166.67 to plaintiffs’ counsel, for a total of $72,500.
The detailed version
- Andreyuk v. ASF Construction & Excavation Corp. · No. 7:19-cv-07476-AEK
- Andrew Krause
- June 22, 2023
Background
Anatoliy Andreyuk and Jenny Felippelli, as executor of the estate of Jose Felippelli, were the plaintiffs. ASF Construction & Excavation Corp. and Andre Fernandez were the defendants. In response to an earlier court order, plaintiffs’ counsel submitted a declaration supporting an application to recover litigation expenses.
The court considered a proposed settlement agreement in a case involving the Fair Labor Standards Act, a federal wage-and-hour law. The agreement provided for total payments of $72,500: $10,000 to Ms. Felippelli, $38,333.33 to Mr. Andreyuk, and $24,166.67 to plaintiffs’ counsel.
Counsel’s expenses
The proposed agreement included $2,127.65 in expenses: a $400 court filing fee, $18.40 for parking, $1,181.25 in court-reporting fees for depositions, and $528 for printing and copying.
The court found the filing fee sufficiently supported because it appeared on the docket. Counsel also supplied receipts for the court-reporting fees. Counsel provided documentation for $14.40 of the parking expense and $511.84 of the printing and copying expense, leaving $20.16 unsupported. The court nevertheless found the requested fees and costs fair and reasonable because the total requested award of $24,166.67 remained below the total lodestar amount, meaning the amount calculated from reasonable hours and reasonable hourly rates.
Counsel also submitted a $7.35 postal receipt for mailing the summons and complaint. The court did not consider that expense because it was not listed in the original settlement application or included in the $2,127.65 sought under the agreement.
Ruling
Judge Andrew E. Krause found the proposed settlement fair and reasonable and approved the Proposed Settlement Agreement filed at ECF No. 129-1. The court stated that it would separately sign and enter the stipulation and directed the Clerk of Court to close the case. The opinion approves the settlement; it does not describe a decision resolving the underlying claims after trial or summary judgment.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.