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United States District Court for the Eastern District of New York
January 29, 2020, Decided; January 29, 2020, Filed
15 CV 6868 (DLI) (CLP)
REPORT AND RECOMMENDATION
POLLAK, United States Magistrate Judge:
On December 2, 2015, plaintiff Mohammad Faroque commenced this class action and collective action on behalf of himself and others similarly situated against defendant Park West Executive Services, d/b/a Town Car International, Town Car International Holdings, Zachary Berman ("Mr. Berman"), and John M. Ahern ("Mr. Ahern") (collectively "defendants"), alleging that [*2] defendants failed to pay their employees proper overtime wages and improperly deducted wages, in violation of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA") and New York Labor Law § 190 et seq. and § 650 et seq. ("NYLL"). On February 16, 2016, plaintiffs filed an Amended Complaint, adding Khaled Khan, MD Imranul Haque, Khandker Haque, Mohammed S. Alam, Asad Ikbal, and Mohammed E. Karim as plaintiffs (collectively with Faroque, "plaintiffs"). (See generally Am. Compl.1).
On October 19, 2018, this Court issued a Report and Recommendation respectfully recommending that plaintiffs' motion for preliminary approval of the proposed Settlement, as articulated in the Settlement Agreement, be approved.2 The Court further recommended that the class be certified for the purposes of settlement and Class Notice of the proposed Settlement be disseminated. On March 31, 2019, The Honorable Chief Judge Dora Lizette Irizarry adopted the Report and Recommendation in full.
On August 13, 2019, plaintiffs moved for final settlement approval. (Pls.' Mot.3). On August 26, 2019, this Court held a hearing to determine whether the settlement was "fair, reasonable, and adequate." City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds, Goldberger v. Integrated Restaurant, Inc., 209 F.3d 43 (2d Cir. 2000). On October 3, 2019, The Honorable Chief Judge Dora Lizette [*3] Irizarry referred plaintiffs' motion to the undersigned to issue a Report and Recommendation. For the reasons set forth below, the Court respectfully recommends approval of the proposed Class Settlement, approval of plaintiffs' counsel's award of attorneys' fees as requested and costs as reduced below, and approval of the proposed service awards to the named plaintiffs.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2020 U.S. Dist. LEXIS 15839 *
MOHAMMAD O. FAROQUE, KHALED KHAN, MD IMRANUL HAQUE, KHANDKER HAQUE, MOHAMMED S. ALAM, ASAD IKBAL, and MOHAMMED E. KARIM on behalf of themselves and on behalf of all other similarly situated persons, Plaintiffs, -against- PARK WEST EXECUTIVE SERVICES d/b/a TOWN CAR INTERNATIONAL; TOWN CAR INTERNATIONAL HOLDINGS, LLC; ZACHARY BERMAN, in his individual and professional capacities; JOHN M. AHERN, in his individual and professional capacities, Defendants.
Prior History: Faroque v. Park West Exec. Servs., 2016 U.S. Dist. LEXIS 121877 (E.D.N.Y., Sept. 7, 2016)
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