The opinion
USDC SDNY
DOCUMENT
SOUTHERN DISTRICT OF NEW YORK DOC #:
cnet □□□ ncaa naan □□□□□□□□□□□□□□□□□□□□□□ DATE FILED:_09/06/2023
BROWN, :
Plaintiff, :
: 22-cv-10144 (LJL)
-V- :
: ORDER
MEMORIAL SLOAN-KETTERING CANCER :
CENTER, :
Defendant. :
LEWIS J. LIMAN, United States District Judge:
Plaintiffs counsel in this matter has informed the Court that the parties have reached a
settlement in principle. Dkt. No. 25. The case was brought pursuant to the Fair Labor Standards
Act, 29 U.S.C. § 201 et seg. Under Second Circuit law, any settlement—including any proposed
attorney’s fee award—must be scrutinized by the Court to ensure that it is fair. See Fisher v. SD
Protection Inc., 948 F.3d 593, 600 (2d. Cir. 2020); Cheeks v. Freeport Pancake House, Inc., 796
F.3d 199 (2d Cir. 2015).
Accordingly, it is hereby ORDERED that, on or before October 6, 2023, the parties must
submit to the Court, along with the settlement papers, a joint letter explaining the basis for the
proposed settlement and why it should be approved as fair and reasonable, with reference to the
factors discussed in Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012).
The letter should address any confidentiality provisions, non-disparagement provisions, or
releases in the proposed settlement agreement. The letter should also address, if applicable, any
attorney’s fee award to plaintiff's counsel (with documentation to support the latter, if
appropriate) consistent with the principles set forth in Fisher, 948 F.3d at 600. It is not sufficient
to state the proportion of the requested attorney’s fee to the overall settlement amount. Rather,
the reasonableness of attorney’s fees must be evaluated with reference to “adequate
documentation supporting the attorneys’ fees and costs,” which “should normally [include]
contemporaneous time records indicating, for each attorney, the date, the hours expended, and
the nature of the work done.” /d.; see Strauss v. Little Fish Corp., 2020 WL 4041511, at *9
(S.D.N.Y. July 17, 2020) (discussing the requirements for adequately justifying an attorney’s
fee). Failure to provide the appropriate or sufficient documentation could result in the Court
rejecting the proposed fee award.
The parties are directed to appear telephonically for a Cheeks fairness hearing on October
13, 2023 at 3:30 p.m. Plaintiff shall appear at the hearing. The parties are directed to dial (888)
251-2909 and use the access code 2123101.
Any pending motions are DISMISSED as moot, and all other conferences and deadlines
are CANCELLED, including trial and pretrial deadlines.
SO ORDERED.
a 3
Dated: September 6, 2023 ME ee
New York, New York LEWIS J. LIMAN
United States District Judge