Overview

HOLDINGS: [1]-Where plaintiff brought a purported class action alleging wage and hour violations against defendant employer, the $377,000 settlement amount was reasonable in light of the complexity of the litigation and the substantial risk plaintiff would face in litigating the case given the nature of the asserted claims; [2]-Plaintiff’s motion for final approval of the settlement was granted under Fed. R. Civ. P. 23(e) because the agreement was fair, adequate, and reasonable, and the settlement class members received adequate notice; [3]-Plaintiff’s requested incentive award of $8,000 was granted only up to the presumptive $5,000 award because plaintiff was seeking almost fourteen times the amount of the average recovery for each class member and, given that the case settled before any formal discovery, plaintiff was not even deposed. The California litigation lawyer made a motion to protect the party’s interest.

Outcome

Motion for final approval of class action settlement granted. Motion for attorneys’ fees and incentive award granted in part.