Rivera v. 787 Coffee LLC
- James Oetken
- 1:22-cv-01596
- U.S. District Court · Southern District of New York
- 1
In Rivera v. 787 Coffee LLC, Judge Oetken revised the approved settlement to include omitted court-reporter costs in the attorney-fee award.
The plaintiffs and their attorneys were affected: the total settlement allocation to the plaintiffs remained $130,000, while the amount designated for attorney’s fees and costs increased to $44,289.14.
What happened
In Rivera v. 787 Coffee LLC, the court had approved a $130,000 settlement for the plaintiffs’ claims under the Fair Labor Standards Act, a federal wage law. The approved amount included $43,626.94 in attorney’s fees and costs.
The plaintiffs later told the court that their settlement-approval request had accidentally omitted $993.30 in court-reporter fees. They asked the court to revise the award to include that amount.
The court approved the request and revised the attorney’s-fee-and-costs award to $44,289.14, while keeping the total amount allocated to the plaintiffs at $130,000. Judge J. Paul Oetken issued the order.
The detailed version
- Rivera v. 787 Coffee LLC · No. 1:22-cv-01596
- James Oetken
- Oct. 11, 2023
Background
This Fair Labor Standards Act (FLSA) case involved a settlement allocating $130,000 to the plaintiffs. On October 3, 2023, the court approved the settlement after finding its terms fair and reasonable. The original order included $43,626.94 for attorney’s fees and costs.
Request to Revise the Award
The plaintiffs later filed a supplemental letter stating that they had inadvertently left out $993.30 in court-reporter fees from their settlement-approval request. They asked the court to issue a revised award accounting for those omitted costs.
Ruling
The court approved the plaintiffs’ request and revised its original order. It granted a revised award of $44,289.14 for attorney’s fees and costs, out of the same total of $130,000 allocated to the plaintiffs. Judge J. Paul Oetken entered the order on October 11, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.