Banegas v. General Lawn Service Corporation et al

Filing 11

MEMORANDUM AND ORDER DIRECTING the parties to submit a joint statement within 14 days either explaining why this judgment reflects a fair and reasonable resolution of a bona fide dispute over FLSA provisions or that it compensates Plaintiff fully for all amounts due. Signed by Chief Judge Deborah K. Chasanow on 5/29/14. (sat, Chambers)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
CHRISTIAN BANEGAS
:
v.

:

Civil Action No. DKC 13-3728

:
GENERAL LAWN SERVICE
CORPORATION, ET AL.

:

MEMORANDUM OPINION AND ORDER
The parties have presented, pursuant to Rule 68 of the
Federal Rule of Civil Procedure, Plaintiff Christian Banegas’s
acceptance of the offer from Defendants General Lawn Service
Corporation

and

Fred

Santis

to

allow

judgment

to

be

taken

against it in this action by Plaintiff. (ECF No. 10).
This case was brought under the Fair Labor Standards Act
(“FLSA”), which does not permit settlement of claims except in
two narrow circumstances: (1) supervision by the Secretary of
Labor, and (2) a judicial finding that the settlement reflects a
“reasonable compromise of disputed issues” rather than “a mere
waiver

of

statutory

overreaching.”

rights

brought

about

by

an

employer’s

Lynn’s Food Stores, Inc. v. United States, 679

F.2d 1350, 1354 (11th Cir. 1982).
While
presented
govern,

Rule
with

68
an

including

reasonableness

and

instructs
accepted

courts

offer,

to

the

judicial

review

fairness.

See,

enter
FLSA’s

of
e.g.,

a

judgment
mandates
settlement

Norman

v.

when
still
for

Alorica,

Inc., No. 11-00433-KD-C, 2012 WL 5452196, at *2 (S.D.Ala. Nov.
7, 2012); Kingsley v. Noonan, No. 6:12-cv-500-Orl-22TBS, 2012 WL
5378743, at *1 (M.D.Fla. Oct. 31, 2012).

The offer states that

it “fully compensate[s]” Plaintiff for his claims, but that is
ambiguous given that the complaint does not state an amount
owed.

See Norman, 2012 WL 5452196, at *2 (settlement approved

because parties agree that plaintiff received the full amount
that she was due).
Accordingly, it is this 29th day of May, 2014, by the United
States

District

Court

for

the

District

of

Maryland,

ORDERED

that:
1.

Within fourteen (14) days, the parties are to submit a

joint statement either explaining why this judgment reflects a
fair and reasonable resolution of a bona fide dispute over FLSA
provisions

or

that

it

compensates

Plaintiff

fully

for

this

order

all

amounts due; and
2.

The

clerk

will

transmit

a

copy

of

counsel for the parties.

/s/
DEBORAH K. CHASANOW
United States District Judge

2

to