Sow v. City Of New York

Background

The plaintiffs, representing themselves and others similarly situated, sought final approval of a settlement with the City of New York. The court had preliminarily approved the proposed settlement on July 27, 2023.

The settlement covered people who were arrested, or arrested and subjected to force, by New York City Police Department officers during the specified “George Floyd Protests” at 18 locations in New York City between May 28, 2020, and June 4, 2020, subject to exclusions. The proposed class fund was $13,731,000, which the opinion describes as approximately $9,950 for each of about 1,380 people. The settlement also provided additional payments to five class representatives, $21,500 settlements for Plaintiffs Sow, Pluchino, and Durkee, a $41,400 settlement for Plaintiff Matthew Bredder, and a $30,000 settlement for Plaintiff Barbara Ross. Class Counsel’s fees and costs were to be paid separately from the class awards and individual settlements.

Notice and Class Response

The parties initially identified approximately 1,380 potential class members. After reconciling records, they identified 1,263 class members, determined that 15 entries were duplicates, and concluded that 1,248 people were eligible to participate. A total of 987 claims were filed, which the court described as a 79% response rate. The opinion states that 105 eligible class members had already settled their claims.

The parties used mail, email, newspaper publication in English and Spanish, a settlement website, social media, press interviews, postcards, posters, telephone calls, and text messages to notify and reach potential class members. The court found that these efforts provided adequate notice and satisfied due-process requirements. Class Counsel and the City’s Law Department reviewed inquiries and supporting documents, and the parties agreed to include 54 additional class members who had not appeared on the initial eligible list. The court stated that only three requests to opt out were received.

Court’s Analysis

Under Federal Rule of Civil Procedure 23(e), a class-action settlement must be fair, reasonable, and adequate. The court applied the factors discussed in its preliminary-approval ruling and emphasized the class’s response to the settlement. It found that the settlement met the Rule 23(e) standard.

The court approved $9,950 service awards for Class Representatives Jaklevic, de Mucha Pino, Rios, Zurkuhlen, and Salazar, in addition to their class-member payments. The court relied on their participation in discovery, examinations and depositions, work with counsel, assistance in settlement negotiations, and efforts to publicize the settlement.

The court also approved the individual settlements. Sow, Pluchino, and Durkee agreed to settle their claims for $21,500 and not submit claims in a prior related proceeding. Bredder agreed to a $41,400 settlement, not to submit claim forms in this action or a prior related proceeding, and to voluntarily dismiss his separate action with prejudice. Ross agreed to a $30,000 settlement and not to submit a claim in this action. The court found these agreements were negotiated at arm’s length and were reasonable.

The court approved $5,850,000 for Class Counsel’s fees and costs incurred through June 15, 2023. The court noted that the fee amount was negotiated only after the settlement terms had been reached, preliminary approval had been obtained, and notice had been provided to the class. Counsel had submitted records reflecting more than 9,000 hours of attorney and paralegal work and reported $126,559.67 in costs through that date. The parties agreed to negotiate fees and costs incurred after June 15, 2023, and to seek a court ruling if they could not agree.

Disposition

Judge McMahon granted final approval of the settlement; certified the class for settlement purposes under Rule 23(b)(3); found that the notice was adequate and materially consistent with the preliminary-approval orders; approved the service awards; approved the individual settlements for Sow, Durkee, Pluchino, Bredder, and Ross; and approved the interim payment of attorneys’ fees and costs for work performed through June 15, 2023.