Order | Filed: August 10, 2026
Piney et al v. City Of New York et al
Labor: Fair Standards | New York Southern
Order
ORDER GRANTING FINAL APPROVAL OF THE SETTLEMENT, CLASS CERTIFICATION, AWARD OF ATTORNEYS FEES, EXPENSESAND SERVICE PAYMENTS re: 1094 Proposed Order, filed by Devon Dawkins, Arturo Delgado, Roman Diaz, Jason Mansour, Brayan Antonio, Charlie Ruiz-Reyes, Justin Senese, Tamara Lauzier, Jose Martinez, Michael Kmiotek, John Rondon, Julio Rosa, et al. On July 17, 2026, named Plaintiffs Devon Dawkins ("Dawkins"), Dominique Eveillard ("Eveillard"), Michael Kmiotek ("Kmiotek"), and Alexis Yanez ("Yanez"), on behalf of themselves and the proposed Class (collectively, "Plaintiffs"), submitted to this Court Plaintiffs' Unopposed Motion for Final Approval of the Settlement and Award of Attorneys' Fees and Costs ("Motion for Final Approval") in connection with Plaintiffs' settlement ("Settlement") with Defendant Primark US Corp. ("Primark" or "Defendant") in the above-cap tioned action. The Court has considered Plaintiffs' request for certification of the Rule 23 Class pursuant to the Federal Rule of Civil Procedure ("FRCP") 23(e) for settlement purposes only, together with the Declaration of Inness a M. Huot and all exhibits thereto, including the Primark Settlement Agreement and Release ("Settlement Agreement"), the Declarations of Plaintiffs Dawkins, Eveillard, Kmiotek, and Yanez, and the Declaration of Shari Lynne Grayson from An alytics Consulting, LLC, all filed on July 17, 2026, and hereby finds and Orders as follows: 1. The Court finds that the settlement memorialized in the Settlement Agreement, filed with the Court, is fair, reasonable, and adequate, and meets all re quirements for final approval. On November 5, 2025, the Court granted Preliminary Approval of the Settlement and on or about February 3, 2026, the Notice Packets were mailed to all Class Members, providing them with an opportunity to become Author ized Claimants, object to the Settlement, or request exclusion from the Settlement. No Class Member objected to the Settlement or requested exclusion from same. A Fairness Hearing was rescheduled to July 28, 2026. ECF No. 595. 2. The Court grants P laintiffs' Motion for Final Approval. 3. Pursuant to Rule 23(e), the Court certifies, for settlement purposes only, a Rule 23 class consisting of all current and former NYPD Officers, Detectives, Sergeants, Lieutenants, Captains, and Insp ectors who performed services at Primark locations in New York State, through the Paid Detail Program (the "PDP"), at any time from January 23, 2019 through April 17, 2025. 4. These Class Members meet all of the requirements for class ce rtification under FRCP 23. 5. The Court appoints Plaintiffs Dawkins, Eveillard, Kmiotek, and Yanez to represent the Class, finding that they meet all the requirements for class certification under FRCP 23(a) and (b)(3). 6. Plaintiffs Dawkins, Ev eillard, Kmiotek, and Yanez undertook risk to serve their fellow Officers and they expended significant time and effort in the prosecution of the claims and securing the Settlement on behalf of the Class. 7. The Court finds that a service payment of $2,500.00 to Plaintiff Yanez and service payments of $1,500.00 each to Plaintiffs Dawkins, Eveillard, and Kmiotek are reasonable. 8. For settlement purposes only, the Court also grants final certification of the FLSA collective action consisting of all current and former NYPD Officers, Detectives, Sergeants, Lieutenants, Captains, and Inspectors who performed services at Primark locations in New York State, through the PDP, at any time from January 23, 2022 through April 17, 2 025. 9. The Court appoints Faruqi & Faruqi, LLP as Class Counsel, finding that they meet all the requirements under the FRCP 23(g). 10. Class Counsel did substantial work identifying, investigating, prosecuting, and settling Plaintiffs' and the Class's claims. Class Counsel have substantial experience prosecuting and settling employment class actions, including wage and hour class actions, and are well-versed in wage and hour law and class action law. The work that Class Counsel has performed both in litigating and settling this case demonstrates their skill and commitment to representing the Class's interests. 11. The Court grants Class Counsel's requested fees of $45,416.67 and reimbursement of litigati on expenses of $5,000.00. 12. The Court approves the appointment of Analytics Consulting, LLC as the Settlement Administrator and approves the Parties' agreement for Defendant to separately pay Analytics Consulting, LLC its settlement ad ministration fees. 13. Upon the Effective Date, as defined in the Settlement Agreement, the claims against Defendant as asserted in this Action will be dismissed with prejudice. 14. The Court retains continuing jurisdiction to enforce the terms of t... (truncated)
Order | Filed: August 10, 2026
Piney et al v. City Of New York et al
Labor: Fair Standards | New York Southern
Order
ORDER re: 1227 Notice of Settlement,, filed by Devon Dawkins, Arturo Delgado, Roman Diaz, Jason Mansour, Brayan Antonio, Charlie Ruiz-Reyes, Justin Senese, Tamara Lauzier, Jose Martinez, Michael Kmiotek, et al. 1226 Notice of Set tlement,, filed by Devon Dawkins, Arturo Delgado, Roman Diaz, Jason Mansour, Brayan Antonio, Charlie Ruiz-Reyes, Justin Senese, Tamara Lauzier, Jose Martinez, Michael Kmiotek, et al. The Court is in receipt of the notices of settlement be tween Plaintiffs and Defendant 34th Street Partnership, Inc. ("34th Street"), (Dkt. No. 1226), and Plaintiffs and Defendant Bryant Park Corporation ("Bryant Park"). (Dkt. No. 1227). The requests of Plaintiffs and 34th Street, and Plaintiffs and Bryant Park, for 30 days to finalize their motions for approval of their settlement agreements (the "MSAs") are GRANTED. By September 9, 2026, the parties are ORDERED to:1. File the MSAs, and 2. Meet and confer and, if they a gree that the undersigned may review the MSAs, complete the forms consenting to proceed before a US Magistrate Judge over a specific motion, available at: https://nysd.uscourts.gov/sites/default/files/practice_documents/AO%20085A%20Consent %20to%20Proceed%20Before%20a%20US%20Magistrate%20Over%20a%20Specific%20Motion_5.pdf, with the signatures of counsel for Plaintiffs and 34th Street, and Plaintiffs and Bryant Park, and file the forms for the attention and signature of the Honorable Jesse M. Furman. (Signed by Magistrate Judge Sarah L. Cave on 8/10/2026) (ar)