Marin v. 310 Bowery Group LLC et al
| New York Southern District Court | |
| Judge: | Sarah L Cave |
| Referred: | Sarah L Cave |
| Case #: | 1:24-cv-01340 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:203 FLSA: Definitions |
| Case Filed: | Feb 22, 2024 |
| Terminated: | Jan 14, 2025 |
| Last checked: Tuesday Aug 20, 2024 4:29 AM EDT |
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Defendant
310 Bowery Group LLC
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Represented By
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Defendant
Richard Aurigemma
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Represented By
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Defendant
Epsteins Bar LLC
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Represented By
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Plaintiff
Gina Marin
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Represented By
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| Docket last updated: 72 minutes ago |
| Monday, March 24, 2025 | ||
| 94 | 94
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pgs
order
Order ~Util - Set Deadlines/Hearings
Mon 03/24 12:00 PM
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT AND PROVIDING FOR NOTICE, PURSUANT to the Preliminary Approval Order, it is ORDERED as follows: 1. The Court preliminarily approves the settlement set forth in the Agreement as being fair, just, reasonable and in the best interests of the Settlement Class. The Court conditionally certifies the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(3) and 29 U.S.C. § 216(b) for purposes of settlement only. The Court appoints Joseph & Kirschenbaum LLP (the "Firm") as Class Counsel. The Court approves as to form and content the Class Notice and finds that the mailing and distribution of the Class Notice substantially in the manner and form set forth in the Agreement constitutes the best notice practicable under the circumstances, and constitutes valid, due, and sufficient notice to all persons in the Settlement Class, complying fully with the requirements of Federal Rule of Civil Procedure 23, the Constitution of the United States, and any other applicable laws. The deadline for Class Members to object to the Agreement or opt out of the Settlement Class shall be 60 days from the date the Class Notice is mailed. The Court appoints XPand Legal as the Claims Administrator because the parties preliminarily identified XPand Legal as the Claims Administrator in paragraph 1.6 of the Agreement. The Fairness Hearing is scheduled for July 17, 2025 at 2:30 p.m. ET in Courtroom 18A, 500 Pearl St., New York, NY 10007, to determine whether: (i) the proposed settlement of this case on the terms and conditions provided for in the Agreement is fair, just, reasonable, adequate, and in the best interests of the Class; (ii) the Agreement should be approved and as further set forth in this Order. On or before July 10, 2025, the Firm shall move the Court for final approval of the settlement and submit a memorandum of law in support of the Class Representatives application for attorneys' fees and costs, settlement administration costs, and service awards. SO ORDERED. ( Motions due by 7/10/2025., Fairness Hearing set for 7/17/2025 at 02:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L. Cave.) (Signed by Magistrate Judge Sarah L. Cave on 3/24/25) (yv) |
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| 93 | 93
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order
Memorandum & Opinion ~Util - Set Hearings
Mon 03/24 11:50 AM
OPINION & ORDER re:89 MOTION to Approve Class Action Settlement . filed by Gina Marin. For the reasons stated above, the Motion (ECF No. 89) is GRANTED and it is ORDERED that: ( (1) For the purposes of settlement only, pursuant to Federal Rules of Civil Procedure 23(a) and (b)(3), the Court GRANTS conditional certification of the Settlement Class, consisting of all tipped employees, including servers, bussers, and bartenders, of the Bars in Manhattan from February 22, 2018 and May 8, 2024 who do not opt out of the New York Labor Law claims in this action. Excluded from the Settlement Class are any Class Members who validly and timely request exclusion in accordance with the requirements set forth in the Class Notice and this Opinion & Order. (2) For the purposes of settlement only, pursuant to Federal Rule of Civil Procedure 23, Gina Marin is certified as the class representative or Lead Plaintiff on behalf of the Settlement Class, and Joseph & Kirschenbaum LLP is certified as Lead Counsel for the Settlement Class and is authorized to act on behalf of the Lead Plaintiff and other Class Members with respect to all acts or consents required or that may be given pursuant to the Agreement, including all acts that are reasonably necessary to consummate the Agreement. (3) For purposes of settlement only, the prerequisites of Federal Rules of Civil Procedure 23(a) and (b)(3) have been satisfied, in that: (i) the number of Class Members is so numerous that joinder of all Class Members is impracticable; (ii) there are questions of law and fact common to the Settlement Class; (iii) the claims of Lead Plaintiff are typical of the claims of the Class Members she seeks to represent; (iv) Lead Plaintiff will fairly and adequately represent the interests of the Settlement Class; (v) questions of law and fact common to the Settlement Class predominate over any questions affecting only individual Class Members; and (vi) a class action is superior to other available methods for the fair and efficient adjudication of this action. (4) The Court GRANTS preliminarily approval of the Agreement, in that: (i) the Agreement results from good faith, arm's length negotiations, including a mediation between Lead Plaintiff and Defendants under the direction of an experienced mediator; (ii) the relief provided to the Settlement Class is adequate; (iii) the Agreement treats Class Members equitably relative to each other; and (iv) the parties counsel are experienced in class-action wage and hour litigation and had sufficient information to evaluate the Agreement. (5) The Court substantially approves the form, substance, and requirements of the Class Notice and Claim Form. (ECF No. 90-1 at 25-31). The parties shall update any dates and deadlines prescribed in the Class Notice and Claim Form to conform with this Opinion & Order. (6) The parties identified XPand Legal as the Claims Administrator and XPand Legal is therefore appointed as the Claims Administrator. (See ECF No. 90-1 1.6). (7) The Fairness Hearing is scheduled for Thursday July 17, 2025 at 2:30 p.m. ET in Courtroom 18A, 500 Pearl Street, New York, NY 10007. The parties submitted a proposed order setting forth the settlement procedures and schedule together with the appointment of XPand Legal as Claims Administrator (ECF No. 90-2), which we will approve in a separate order to be filed following this Opinion & Order. The Clerk of Court is respectfully directed to terminate ECF No. 89. SO ORDERED., ( Fairness Hearing set for 7/17/2025 at 02:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L. Cave.) (Signed by Magistrate Judge Sarah L. Cave on 3/24/25) (yv) Modified on 3/24/2025 (yv). |
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| Friday, March 21, 2025 | ||
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minutes
Telephone Conference
Fri 03/21 3:37 PM
Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Telephone Conference held on 3/21/2025. Attorney Daniel Maimon Kirschenbaum appeared on behalf of Plaintiff. Attorneys Aaron Solomon and Alisha Talati appeared on behalf of Defendants. (ne) |
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