Griffin v Gregorys Coffee Mgt. LLC

2024 NY Slip Op 31904(U)

June 3, 2024

Supreme Court, New York County

Docket Number: Index No. 153397-2018

Judge: Suzanne Adams

Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York

State and local government sources, including the New

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This opinion is uncorrected and not selected for official

publication.
[FILED: NEW YORK COUNTY CLERK 06/03/2024 04:41 PM] INDEX NO. 153397/2018 

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SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF NEW YORK 

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NICOLE GRIFFIN, on behalf of herself 

and all others similarly situated, Motion Sequence No. 9 

Plaintiffs, 

-againstGREGORYS COFFEE MANAGEMENT LLC, 

f/k/a GREGORYS COFFEE MANAGEMENT INC., 

f/k/a GREGORYS COFFEE INC., 

d/b/a GREGORYS COFFEE, and 

GREGORY ZAMFOTIS, individually, 

Defendants. 

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Index No.: 153397-2018 

FINAL JUDGMENT AND ORDER GRANTING FINAL APPROVAL OF CLASS 

ACTION SETTLEMENT, SERVICE AWARD TO NAMED PLAINTIFF, AND AWARD 

OF CLASS COUNSEL'S ATTORNEYS' FEES AND COSTS 

The above-entitled matter came before the Court on Plaintiffs' Motion for Final Approval 

of Class Action Settlement, Service Award to Plaintiff, and Award of Class Counsel's Attorneys' 

Fees and Costs ("Motion for Final Approval"). 

Plaintiff filed the present Class Action Complaint in New York County Supreme Court on 

April 13, 2018. The Complaint alleged that Defendant violated the New York Labor Law 

("NYLL") and its supporting New York State Department of Labor Regulations ("NYCRR") 

during the Class Period because Defendants Gregorys Coffee Management, LLC and Gregory 

Zamfotis (together, "Defendant") allegedly failed to provide maintenance pay for required 

uniforms, failed to pay Spread of Hours pay for shifts over 10 hours, and failed to compensate 

employees for breaks under 20 minutes in length. A Joint Settlement Agreement and Release 

("Settlement Agreement") was executed by all parties to resolve this matter for up to $450,000. 

On October 6, 2023, Plaintiff filed a motion for Preliminary Approval of the Settlement 

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Agreement, Certification of the Class for Settlement Purposes, Appointment of Plaintiff as Class 

Representative, Appointment of the Law Firm of Bouklas Gaylord LLP as Class Counsel, 

Approval of the Class Notice, and Scheduling a Fairness Hearing, with an accompanying 

Memorandum of Law and supporting exhibits. On October 16, 2024, the Court granted preliminary 

approval of the Settlement Agreement, certified the Settlement Class, appointed Plaintiff as Class 

Representative, appointed Bouklas Gaylord LLP as Class Counsel, approved the Class Notice, and 

scheduled a date for the Fairness Hearing. 

On January 26, 2024, the Claims Administrator mailed the Class Notice to all Class 

Members. Subsequently, Plaintiff filed a Motion for Final Approval of Class Action Settlement, 

Service A ward to Plaintiff, and Award of Class Counsel's Attorneys' Fees and Costs. Defendant 

did not oppose this motion. 

The Court held a Fairness Hearing on June 3, 2024. Class Counsel received no objections 

and one opt-out. 

Having considered the Motion for Final Approval of the Class Action Settlement, Service 

Award to Named Plaintiff, and Award of Class Counsel's Attorneys' Fees and Costs, and the 

supporting Affirmation of Mark Gaylord, Esq., the oral argument presented at the Fairness 

Hearing, and the complete record in this matter, for the reasons set forth at the Fairness Hearing, 

and for good cause shown; 

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 

Certification of The Settlement Class 

1. The Court certifies the following under Article 9 of the New York Civil Practice 

Law and Rules ("CPLR") for settlement purposes only ("Settlement Class"): 

Named Plaintiff and all non-exempt employees employed by 

Defendant in the State of New York from April 14, 2012 through 

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August 1, 2023, who do not opt-out of the Action in accordance with 

the procedures set forth below. 

Approval of the Settlement Agreement 

2. The Court hereby grants the Motion for Final Approval of the Class Action 

Settlement, Service Award to Named Plaintiff, and Award of Class Counsel Attorneys' Fees and 

Costs and finally approves the settlement as set forth in the Settlement Agreement of up to 

$450,000. 

3. CPLR § 908 requires judicial approval for any compromise of claims brought on a 

class basis. In determining whether to approve a class action settlement, courts examine "the 

fairness of the settlement, its adequacy, its reasonableness and the best interests of the class 

members." Fiala v. Met Life Insurance Co., Inc., 899 N.Y.S.2d 531, 537 (NY Sup. Ct. 2010) 

( citations omitted). Relevant factors in determining whether a settlement is fair, reasonable, and 

adequate include "the likelihood of success, the extent of support from the parties, the judgment 

of counsel, the presence of bargaining in good faith, and the nature of the issues of law and fact." 

In re Colt Indus. Shareholder Litig., 155 A.D.2d 154, 160 (1st Dep't 1990) ( citations omitted). A 

court should also "balance the value of [a proposed] settlement against the present value of the 

anticipated recovery following a trial on the merits, discounting the inherent risks of litigation." 

Fiala at 538 (citation omitted). All of these factors weigh in favor of approving the settlement. 

4. The claims in this case are for unpaid wages in the form of uniform maintenance 

pay pursuant to 12 N.Y.C.R.R. 146, unpaid Spread of Hours, and unpaid shifts under 20 minutes 

in length. The Court finds that these claims are appropriate for class adjudication. In reaching the 

settlement, Class Counsel took into account the risks of establishing liability, and also considered 

the time, delay, and financial repercussions in the event of trial and appeal by Defendant. The 

settlement negotiations were at all times hard fought and arm's length, between parties represented 

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by counsel experienced in wage and hour law, and they have produced a result that Class Counsel 

believes to be in the best interests of the Class in light of the costs and risks of continued litigation. 

Wal-Mart Stores, Inc. v. Visa US.A., Inc., 396 F.3d 96, 116 (2nd Cir. 2005) (internal quotation 

omitted). Additionally, Defendant has and will continue to vigorously contest Plaintiffs claims if 

this action does not settle. In light of the strength and weakness of the case, the settlement easily 

falls within the range of reasonableness because it achieves a significant benefit for Plaintiff and 

the Settlement Class Members in the face of significant obstacles. While there is a possibility that 

the Class could recover more money, including interest, after trial, the Settlement provides the 

significant benefit of a guaranteed and substantial payout to Settlement Class Members, rather than 

"speculative payment of hypothetically larger amount years down the road." Gilliam v. Addicts 

Rehab. Ctr. Fund, 2008 WL 782596, at *5 (S.D.N.Y. 2008) (quoting Teachers' Ret. Sys. Of 

Louisiana v. A.C.L.N. Ltd., 2004 WL 108726, at *5 (S.D.N.Y. 2004)). 

Service Award to the Class Representatives 

5. The Court finds reasonable the service award of $15,000 to class representative, 

Nicole Griffin, given the contributions she made to advance the prosecution and resolution of the 

lawsuit. This award shall be paid from the settlement fund. 

6. A Court may grant service awards in a class action. Such awards "reward the named 

plaintiffs for the effort and inconvenience of consulting with counsel over the many years [a] case 

was active and for participating in discovery .... " Cox v. Microsoft Corp., 26 Misc.3d 1220(A), 4 

(N.Y. Supp. 2007). Service awards "are particularly appropriate in the employment context. .. 

[where] the plaintiff is often a former or current employee of the defendant, and thus ... he has, for 

the benefit of the class as a whole, undertaken the risks of adverse actions by employer or coworkers." Frank v. Eastman Kodak Co., 228 F.R.D. 174, 187 (W.D.N.Y. 2005). 

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7. Plaintiff expended considerable time and effort to assist Class Counsel with the 

case. As such, her actions exemplify the very reason service fees are awarded. See Frank at 187 

(recognizing the important role that plaintiffs play as the "primary source of information 

concerning the claim," including by responding to counsel's questions and reviewing documents). 

8. Plaintiff also assumed risks in prosecuting this action. Even where there is not a 

record of actual retaliation, service fees are appropriate in recognition of the risk of retaliation 

assumed by lead plaintiff for the benefit of absent class members. Frank at 187-188 ("Although 

this Court has no reason to believe that Kodak has or will take retaliatory action towards either 

Frank or any of the plaintiffs in this case, the fear of adverse consequences or lost opportunities 

cannot be dismissed as insincere or unfounded."). 

9. The service award totaling $15,000 for Plaintiff is reasonable for the services 

Plaintiff provided, and is well within the range awarded by courts in similar matters. See Capsolas 

v. Pasta Resources Inc., 2012 WL 4760910, at *9 (S.D.N.Y. 2012) (approving service awards of 

$20,000 and $10,000 for class representatives in wage and hour action); Lovaglio v. W & E 

Hospitality Inc., 2012 WL 2775019, at *4 (S.D.N.Y. 2012) (approving service awards of $10,000 

each to three class representatives in wage and hour action); Sewell v. Bovis Lend Lease, Inc., 2012 

WL 1320124, at *13 (S.D.N.Y. 2012) (approving service awards of$15,000 and $10,000 for the 

class representatives); Matheson v. T-Bone Restaurant, LLC, 2011 WL 6268216, at *9 (S.D.N.Y. 

2011) (approving service awards of$45,000 and $5,000 for the class representatives in a wage and 

hour class action); Willix v. Healthfirst, Inc., 2011 WL 754862, at *7 (E.D.N.Y. 2011) (approving 

service awards of $30,000, $15,000, and $7,500 in a wage and hour class action.) 

Award of Fees and Costs to Class Counsel 

10. On September 8, 2022, the Court appointed Bouklas Gaylord LLP as Class Counsel 

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because they did substantial work identifying, investigating, litigating, and settling Plaintiffs and 

the Settlement Class Members' claims, have experience prosecuting and settling wage and hour 

actions, and are well-versed in wage and hour law and in class action law. 

11. The work that Class Counsel has performed in litigating and settling this case 

demonstrates their commitment to the class and to representing the best interests of the class. Class 

counsel has committed substantial resources to prosecuting this case. 

12. The Court hereby grants Class Counsel's request for attorneys' fees and cost and 

awards Class counsel $156,363.70, which is 33% of the settlement fund, plus fees and costs 

actually expended of $6,363.70. 

13. The CPLR authorizes a court to grant attorneys' fees to class counsel who obtain a 

judgment on behalf of the class: "If a judgment in an action maintained as a class action is rendered 

in favor of the class, the court in its discretion may award attorneys' fees to the representative of 

the class based on the reasonable value oflegal services rendered .... " CPLR § 909. 

14. A court may calculate reasonable attorneys' fees by either the lodestar method 

(multiplying the hours reasonably billed by an reasonable hourly rate) or based on a percentage of 

the recovery. Fiala v. Met Life Ins. Co., Inc., 899 N.Y.S.2d 531, 540. Where a settlement 

establishes a common fund, the percentage method is often preferable because "the lodestar 

method has the potential to lead to inefficiency and resistance to expeditious settlement because it 

gives attorneys and incentive to raise their fees by billing more hours." Cox v. Microsoft Corp., 26 

Misc.3d 1220(A), 4 (N.Y. Sup. 2007). 

15. Public policy favors a common fund attorneys' fees award in wage and hour class 

actions. See Johnson v. Brennan, 2011 WL 4357376, 19 (S.D.N.Y. 2011) ("If not, wage and hour 

abuses would go without remedy because attorneys would be unwilling to take on the risk."); see 

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also Sand v. Greenberg, 2010 WL 69359, 3 (S.D.N.Y 2010) ("But for the separate provision of 

legal fees, many violations of the Fair Labor Standards Act would be continue unabated and 

uncorrected."). 

16. "Common fund recoveries are contingent on a successful litigation outcome." 

Guaman v. Anja-Bar NYC, 2013 WL 445896, 7 (S.D.N.Y. 2013). Such "contingency fees provide 

access to counsel for individuals who would otherwise have difficulty obtaining to 

representation ... and transfer a significant portion of the risk of loss to the attorneys taking a case. 

Access to the courts would be difficult to achieve without compensating attorneys for that risk." 

deMunecas v. Bold Food LLC, 2010 WL 3322580, 8 (S.D.N.Y. 2010) (internal quotation marks 

and citations omitted). Many individual litigants, "cannot afford to retain counsel at fixed hourly 

rates ... yet they are willing to pay a portion of any recovery they may receive in return for 

successful representation." Id. ( citation omitted). 

17. Regardless of the method used to determine reasonable attorneys' fees, a court 

should consider the following factors: "the risks of the litigation, whether counsel had the benefit 

of a prior judgment, standing at bar of counsel for the plaintiffs and defendants, the magnitude and 

complexity of the litigation, responsibility undertaken, the amount recovered, the knowledge the 

court has of the case's history and the work done by counsel prior to trial, and what it would be 

reasonable for counsel to charge a victorious plaintiff." Fiala v Met Life Insurance Co., Inc., 899 

N.Y.S.2d 531,540 (N.Y. Sup. 2010). All of these factors weigh in favor of approving the requested 

fee. 

18. Class Counsel's request for the 3 3 % of the settlement fund is consistent with that 

awarded in these types of cases. The fee requested is also reasonable based on the fact that Class 

Counsel did substantial work on a fully contingent basis. 

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19. The fact that Class Counsel's fee award will not only compensate them for time 

and effort already expended, but for time that will be required to spend administering the settlement 

going forward also supports their fee request. 

20. The attorneys' fees, costs, and expenses shall be paid from the settlement fund. 

Settlement Procedure 

21. Within seven (7) days of the Effective Date, the Settlement Claims Administrator 

shall pay Class Counsel attorneys' fees and costs of $156,363.70 from the Settlement Fund. 

22. Within seven (7) days of the Effective Date, the Settlement Claims Administrator 

shall pay the service award of $15,000 to Named Plaintiff Nicole Griffin. 

23. Within seven (7) days of the Effective Date, the Settlement Claims Administrator 

shall pay claims administration fees of $16,492 to Analytics Consulting, Inc. 

24. Within seven (7) days of the Effective Date, the Settlement Claims Administrator 

shall pay the remainder of the Settlement Fund (after subtracting the attorneys' fees and expenses, 

claims administration fees, employer-taxes, and service award) to Qualified Class Members in 

accordance with the allocation plan described in the Settlement Agreement. 

25. The "Effective Date" means the date that all of the following have occurred: (A) 

the Court has entered the Final Approval Order, including stated provisions for the ward of service 

payments, and for attorneys' fees and reasonable costs, and (B) the judgment and the rulings on 

such motion has become Final. "Final" means the later of: (1) The governing time periods for 

seeking rehearing, reconsideration, appellate review and/or an extension of time for seeking 

appellate review have expired and there have been no such actions; or (2) If rehearing, 

reconsideration, appellate review, and/or an extension of time for seeking appellate review is 

sought, thirty (30) days after any and all avenues of rehearing, reconsideration, appellate review 

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and/or extension of time have been exhausted and no further rehearing, reconsideration, appellate 

review, and/or extension of time is permitted, and the time for seeking such things has expired, 

and the judgment has not been modified, amended, or reversed in any way .. 

26. The Court retains jurisdiction over this action for the purpose of enforcing the 

Settlement Agreement and overseeing the distribution of settlement funds. The parties shall abide 

by all terms of the Settlement Agreement, which are incorporated herein, and this Order. 

27. This litigation shall be dismissed in its entirety with prejudice and all members of 

the Settlement Class who have not excluded themselves from the settlement shall be conclusively 

deemed to have released and discharged Defendant from, and shall be permanently enjoined from, 

directly or indirectly, pursuing and/or seeking to reopen, any and all claims that have been released 

pursuant to this settlement. 

It is so ORDERED this!l!:_ 

day_~-~~-,.._2024 

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J.S.C. 

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