Where a plaintiff brought a class action alleging Massachusetts wage law violations on her own behalf and on behalf of other similarly situated wait staff employees, her motion for preliminary approval of a settlement agreement should be allowed based on the fairness, reasonableness and adequacy of the proposed settlement.
“Plaintiff Arleta Mongue (‘Plaintiff’), a former wait staff employee of the defendant The Wheatleigh Corporation (‘Wheatleigh’), which was owned and/or operated by the remaining defendants L. Linfield Simon, Susan Simon, and Marc Wilhelm (collectively, ‘Defendants’), brings this class action alleging Massachusetts wage law violations on her own behalf and on behalf of other similarly situated wait staff employees. The parties have consented to this court’s jurisdiction (Dkt. No. 14). … Presently before the court is Plaintiff’s Motion for Preliminary Approval of Class Action Settlement (Dkt. No. 157), which Defendants oppose (Dkt. No. 163). …
“The court finds that consideration of each of the factors enumerated in Rule 23(e) counsels in favor of a finding of fairness, reasonableness, and adequacy with respect to the proposed settlement. …
“… Defendants argue that Class Counsel has not adequately represented the Class because of an inherent conflict that arose by virtue of his concurrent representation of the Individual Plaintiffs, Plaintiff, and the Class where he negotiated an aggregate settlement for all cases and may have done so without informed...
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