Shiwpaul v. Al-Boro Security, Inc.

Background

Radica Shiwpaul brought this action individually and on behalf of all others similarly situated against Al-Boro Security, Inc., doing business as Alboro National Security. The case contained one or more claims under the Fair Labor Standards Act. The parties reached a settlement at a settlement conference before Judge Aaron on January 29, 2024, and later consented to have all proceedings handled by him.

The court had directed the parties to submit the settlement agreement and an explanation addressing whether the settlement was fair, reasonable, and adequate under Cheeks v. Freeport Pancake House, Inc. This is a court review of Fair Labor Standards Act settlements. The parties submitted the required materials on February 28, 2024.

Court’s Analysis

The court found the proposed settlement fair and reasonable, considering the nature and scope of the plaintiffs’ claims and the risks and expenses of additional litigation. It also found that the settlement did not raise other concerns identified in the court’s review, including overbroad releases or restrictive confidentiality provisions.

The plaintiffs requested approval of $2,010.67 in attorneys’ fees and $468.00 in costs. The opinion states that the requested fee represented one-third of the settlement amount after costs and was based on a contingency-fee agreement. The court found the fee agreement reasonable and the requested fees consistent with that agreement. It also found the costs reasonable, including $402 in filing fees and $66 for service of process.

Disposition

The court approved the settlement, approved the requested attorneys’ fees, and found the requested costs reasonable. The action was dismissed with prejudice and without costs except as stated in the settlement agreement. The Clerk of Court was requested to close the case.