Stotesbery v. Muy Pizza-Tejas, LLC
0:22-cv-01622
| D. Minnesota | Feb 26, 2025Background
- This case is a class and collective action brought by John Stotesbery against MUY Pizza-Tejas, LLC, MUY Pizza Minnesota, LLC, and James Bodenstedt, concerning delivery driver reimbursement practices.
- Plaintiff, on behalf of similarly situated individuals, alleged under-reimbursement for pizza delivery work.
- A proposed settlement agreement was reached and preliminary approval granted, pending final court approval after notice to class members.
- Comprehensive notice of settlement was sent to all identifiable class members, with a final fairness hearing held on October 8, 2024.
- The settlement established a common fund for class relief, attorney fees, and costs, including administrative and service awards.
- No objections were filed by class members to the proposed settlement terms or attorney fee request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Final Approval of Class Settlement | Settlement is fair, reasonable, and adequate | Did not oppose; agreed to terms | Approved the settlement |
| Adequacy of Notice to Class Members | Notice was best practicable and sufficient | No opposition | Notice was sufficient |
| Reasonableness of Attorneys’ Fees (one-third) | Customary and supported by lodestar & case law | No opposition | Fees approved at one-third of fund |
| Service Award to Named Plaintiff | Substantial efforts justified award | No opposition | $10,000 service award approved |
Key Cases Cited
- In re Wireless Tel. Fed. Cost Recovery Fees Litig., 396 F.3d 922 (8th Cir. 2005) (most important settlement factor is strength of plaintiffs’ case versus settlement amount)
- Petrovic v. Amoco Oil Co., 200 F.3d 1140 (8th Cir. 1999) (explains factors considered in settlement fairness)
- Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir. 1974) (sets out factors for evaluating reasonableness of attorney fees)
- Keil v. Lopez, 862 F.3d 685 (8th Cir. 2017) (district courts may consider Johnson factors for attorney fees)
- Rawa v. Monsanto Co., 934 F.3d 862 (8th Cir. 2019) (lodestar multipliers up to 5.3× can be reasonable)