Opinion

Brown v. StagedNYC, LLC

Court
District Court, S.D. New York
Filed
Feb 14, 2024
Cited by
0 cases
Authority
More cited than 27.7%

The opinion

USDC SDNY

DOCUMENT

UNITED STATES DISTRICT COURT ELECTRONICALLY FILED

SOUTHERN DISTRICT OF NEW YORK DOC #:

DATE FILED: 2/14/2024

Adrian Brown, Seen

Plaintiff,

1:23-cv-07995 (SDA)

-against-

ORDER

StagedNYC LLC and Debra Jo Jackson,

Defendants.

STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE:

This case contains claims under the Fair Labor Standards Act. On January 23, 2024 an

Order was issued on the parties’ consent referring disposition of this matter to the undersigned

pursuant to 28 U.S.C. § 636(c). (See Consent, ECF No. 16.) On February 13, 2024, the parties

submitted their proposed settlement agreement and related papers. (See 2/13/24 Joint Letter,

ECF No. 21.)

Having reviewed the proposed settlement, the Court finds that it is fair and reasonable,

given both the nature and scope of Plaintiff's individual claims as well as the risks and expenses

involved in additional litigation. See Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332, 335-36

(S.D.N.Y. 2012). In addition, Plaintiff seeks approval of $3,148.02 in attorney’s fees, which is one-

third of the total settlement amount after deducting $555 in costs. (See 2/13/24 Joint Letter at

4-5; see also Billing Statement, ECF No. 21-2; Retainer, ECF No. 21-3.) “Contingency fees of one-

third or less in FLSA cases are routinely approved in this Circuit.” Aguilar v. Tacos Grand Cent.,

Inc., No. 21-CV-01963 (AT), 2023 WL 2644285, at *2 (S.D.N.Y. Mar. 27, 2023) (citing Gonzales v.

27 W.H. Bake, LLC, No. 15-CV-04161, 2018 WL 1918623, at *4 (S.D.N.Y. Apr. 20, 2018) (collecting

cases)). Accordingly, the Court finds that the requested attorney’s fees are fair and reasonable.

For these reasons, the Court approves the settlement. This action is dismissed with

prejudice and without costs except as may be stated in the settlement agreement. The Clerk of

Court is respectfully requested to close this case.

SO ORDERED.

Dated: New York, New York

February 14, 2024

STEWART D. AARON

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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