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Danieli v. International Business Machines Corp.

MEMORANDUM OF LAW in Support re: 97 MOTION Motion of Plaintiffs for Service Payments to 16 of 17 Named Plaintiffs.. Document

13 Cited authorities

  1. Frank v. Eastman Kodak Co.

    228 F.R.D. 174 (W.D.N.Y. 2005)   Cited 177 times
    Finding typicality because "[the plaintiff's] claims arise from the same course of events as those raised by all other class members—that is, all class members, including [the plaintiff], allege that [the defendant] failed to pay them . . . overtime wages for hours worked in excess of forty per week during the relevant time period"

  2. Roberts v. Texaco, Inc.

    979 F. Supp. 185 (S.D.N.Y. 1997)   Cited 110 times
    Finding that incentive awards ranged from less than $4,000 to over $50,000 based on "personal risk (if any) incurred by the plaintiff-applicant in becoming and continuing as a litigant, the time and effort expended by that plaintiff in assisting in the prosecution of the litigation ..., any other burdens sustained by that plaintiff in lending himself or herself to the prosecution of the claim"

  3. Wright v. Stern

    553 F. Supp. 2d 337 (S.D.N.Y. 2008)   Cited 61 times
    Holding that "[t]he fact that the vast majority of class members neither objected nor opted out is a strong indication" of fairness

  4. Dornberger v. Metropolitan Life Ins. Co.

    203 F.R.D. 118 (S.D.N.Y. 2001)   Cited 44 times
    Approving award of $10,000 for named plaintiff involved in a multi-million dollar settlement

  5. Fears v. Wilhelmina Model Agency, Inc.

    02 Civ. 4911 (HB) (S.D.N.Y. May. 6, 2005)   Cited 16 times
    Discussing Goldberger v. Integrated Res., Inc., 209 F.3d 43, 47 (2d Cir. 2000)

  6. Gross v. Washington Mutual Bank

    No. 02 CV 4135 (RML) (E.D.N.Y. Feb. 9, 2006)   Cited 12 times
    Approving $5,000 fee in Fair Debt Collection Practices Act case because "[t]his award is consistent with the range of awards made in favor of class representatives in similar cases."

  7. Aramburu v. Healthcare Financial Services, Inc.

    02-CV-6535 (MDG) (E.D.N.Y. Apr. 22, 2009)

    02-CV-6535 (MDG). April 22, 2009 ORDER MARILYN GO, Magistrate Judge Plaintiff Elaina Aramburu ("Aramburu" or "plaintiff") brings this class action alleging a violation of the Federal Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692 et seq. Plaintiff moves pursuant to Fed.R.Civ.P. 23(e) for final approval of a settlement reached with defendant Healthcare Financial Services, Inc. ("Healthcare") on behalf of the class certified herein. For the reasons set forth below, the settlement is approved

  8. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,067 times   141 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  9. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,326 times   140 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  10. Section 201 - Computation and payment of wages upon discharge

    Cal. Lab. Code § 201   Cited 1,745 times   20 Legal Analyses
    Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

  11. Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage

    Cal. Lab. Code § 1194   Cited 1,737 times   10 Legal Analyses
    Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action

  12. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,579 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

  13. Section 202 - Employees not under contract; notice; state employees

    Cal. Lab. Code § 202   Cited 741 times   7 Legal Analyses
    Awarding immediate payment of all earned and unpaid wages upon discharge, layoff, or resignation