Nard v. Cybercore Technologies, LLC et al

Filing 16

MEMORANDUM AND ORDER granting 15 Motion for Settlement; and approving the Settlement. Signed by Judge Marvin J. Garbis on 3/23/2016. (bmhs, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
ANDREW DAVID NARD

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Plaintiff
vs.

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CYBERCORE TECHNOLOGIES,
LLC, et al.
Defendants

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CIVIL ACTION NO. MJG-16-332

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MEMORANDUM AND ORDER APPROVING SETTLEMENT
The Court has before it the Joint Motion for Approval of
Settlement [ECF No. 15] and the Memorandum of Law in Support
[ECF No. 15-1].

The Court finds neither a response nor hearing

necessary.
The provisions of the Fair Labor Standards Act, 29 U.S.C.
§§ 201, et seq. (“FLSA”) are, generally, not subject to
modification by contract or settlement.
O'Neil, 324 U.S. 697, 706 (1945).

Brooklyn Sav. Bank v.

However, there is an

exception if a district court approves a settlement between an
employer and an employee who has brought a private action for
unpaid wages pursuant to Section 216(b) that reflects a
reasonable compromise of disputed issues.

Lynn's Food Stores,

Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982).

Pursuant to Lynn's Food Stores, a district court "may enter
stipulated judgment after scrutinizing the settlement for
fairness." Id.

See also Saman v. LBDP, Inc., No. CIV.A. DKC 12-

1083, 2013 WL 2949047, at *2 (D. Md. June 13, 2013).
The instant case was settled at an early stage so as to
avoid the expense of formal discovery proceedings.

There was,

however, an exchange of information sufficient to permit counsel
to make an adequate evaluation of the side's respective
positions.
The case presented issues as to which each side had nonfrivolous positions, and the outcome was uncertain.

The parties

were represented by counsel experienced in FLSA litigation who
believed that the settlement is fair and reasonable.

There is

no reason to suspect any fraud or collusion.
In sum, the record reflects that the settlement is in a
range of reasonableness and the absence of any reason to put the
parties to further expense that would be disproportionate to the
amount at issue.

Moreover, the Court finds the agreement

regarding the fees to be paid Plaintiff's counsel within a
reasonable range.
Accordingly:
1.

The Joint Motion for Approval of Settlement [ECF
No. 15] is GRANTED.

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2.

The Settlement is hereby APPROVED.

SO ORDERED, this Wednesday, March 23, 2016

/s/__________
Marvin J. Garbis
United States District Judge

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