Broockmann v. The Bank of Greene County

MEMORANDUM DECISION AND ORDER I. INTRODUCTION Andrew Broockmann (“Named Plaintiff”) brings this putative class action on behalf of himself and similarly situated consumers, through counsel KalielGold PLLC (“Class Counsel”), against Defendant The Bank of Greene County (“BGC”),¹ alleging multiple causes of action stemming from Defendant’s alleged practice of assessing an overdraft fee (“OD Fee”) on transactions that did not overdraw customers’ checking accounts. See Dkt. No. 1.² On June 24, 2022, Defendant filed its Answer. See Dkt. No. 9. On November 16, 2022, the parties engaged in a mediation before the Hon. Edward Infante. Dkt. No. 26-1 at 10.³ On December 19, 2022, the parties informed the Court that they had reached an agreement in principle and on December 21, 2022, the Court stayed all remaining deadlines. See Dkt. No. 19; Dkt. No. 24 at 8. After further negotiations, the parties reached a settlement. Dkt. No. 24 at 20. On March 8, 2023, Plaintiff filed an Unopposed Motion for Preliminary Approval of Class Action Settlement. See Dkt. No. 24. On May 26, 2023, the Court granted Preliminary Approval and directed that Notice be sent to the Class Members. See Dkt. No. 25. On July 10, 2023, Plaintiff filed an Unopposed Motion for Final Approval of Class Action Settlement and Application for Attorneys’ Fees and Costs and Service Award (the “Motion”). Dkt. No. 26.⁴ On October 11, 2023, the Court held a Final Approval Hearing during which it signaled its intent to approve the Settlement and requested attorneys’ fees, costs, and Service Award, and that a written decision would follow. For the reasons set forth below, the Court hereby grants Plaintiff’s Unopposed Motion for Final Approval of Class Action Settlement and Application for Attorneys’ Fees and Costs and Service Award. II. BACKGROUND A. Factual Allegations Defendant is a banking business headquartered in Catskill, New York, engaged in providing retail banking services to consumers.” Dkt. No. 1 at 5.⁵ Named Plaintiff is a citizen and resident of Hudson, New York, who has a checking account with BGC. Id. at

4, 8. The action seeks monetary damages, restitution, and injunctive relief due to Defendant’s practice of charging certain OD fees that allegedly violated an account agreement between Plaintiff and Defendant. Id. at 3. Plaintiff alleges that Defendant improperly charges OD fees on transactions referred to as Authorize Positive, Purportedly Settle Negative Transactions (“APSN”)⁶ despite a sufficient available balance in a customer’s account at the time the transaction was authorized, but an insufficient available balance at the time the transaction was presented to the Defendant for payment. Id. at