Anthony v. Mercy Inpatient Medical Associates, Inc.

Filing 46

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: For the reasons stated in the attached memo and order. Plaintiffs counsel accepted the offer, and Defendant is now obligated to carry through. With this in mind Defendants Motion to E nforce Judgment or for Relief from Judgment (Dkt. No. 38 ) is hereby DENIED. Defendant is ordered to tender the $140,000 settlement check to Plaintiffs counsel within fourteen days of this memorandum. Failing this, Plaintiff may file a motion for attorneys fees and interest. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
WENDY ANTHONY, Individually and
on Behalf of all Other Persons
Similarly Situated,
Plaintiff
v.
MERCY INPATIENT MEDICAL
ASSOCIATES, INC.,
Defendant

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C.A. No. 12-cv-30072-MAP

MEMORANDUM AND ORDER REGARDING
DEFENDANT’S MOTION TO ENFORCE JUDGMENT
OR, IN THE ALTERNATIVE,
MOTION FOR RELIEF FROM JUDGMENT
(Dkt. No. 38)
July 1, 2013
PONSOR, U.S.D.J.
This is an action under the federal Fair Labor
Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq., and
Massachusetts wage and hour laws.
On October 30, 2012, Plaintiff filed a motion for
Recognition of Collective Action and for Court Facilitation
of Notice (Dkt. No. 21).

On November 16, 2012, this motion

was allowed by Magistrate Judge Kenneth P. Neiman (Dkt. No.
32).
On February 15, 2013, Defendant made an offer pursuant
to Fed. R. Civ. P. 68 to settle the case for $140,000.
offer was accepted on or about February 27, 2013.

This

(See Dkt.

No. 35 and attachments.)

Based on the notification of

Plaintiff’s acceptance of the offer of judgment, this court
ordered entry of judgment for Plaintiff in the amount of
$140,000, and the case was terminated on March 5, 2013.
On March 18, 2013, the motion now before the court to
enforce the judgment or, in the alternative, for relief from
judgment was filed.

The gist of the motion is that

Defendant apparently assumed that all putative class members
would opt into this FLSA class action, or had opted in at
the time the offer of judgment was made.
putative class member opted in.

In fact, only one

Defendant now contends that

Plaintiff’s counsel has the obligation to attempt to
distribute the proceeds of the $140,000 settlement to any
putatively qualified potential class member, regardless of
whether the class member opted in.
impossible.

This is clearly

As Plaintiff’s counsel points out, and as

Defendant’s counsel agrees, the notice to putative class
members was clear and, indeed, a number of potential class
members contacted and discussed the possibility of opting
into this class action with Plaintiff’s counsel, ultimately
deciding to exercise their choice not to opt in.

To attempt

to contact these individuals now in an effort to distribute
the proceeds of the settlement would be improper,
unprofessional, and impractical.
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Alternatively, Defendant’s counsel argues that there
was no meeting of the minds at the time the settlement offer
was made, because Defendant assumed that the proceeds would
be distributed to all potential class members, not simply
those who opted in.

While the court does not question the

sincerity of Defendant’s counsel’s representations regarding
his assumptions at the time the offer was made, these
assumptions simply do not stand up against the wellestablished requirements of an FLSA class action.

Defense

counsel had to have known, if he adequately considered the
issue, that it was likely that at least some of the putative
class members would choose not to opt into this class
litigation.

That fact cannot capsize the effectuation of

the Rule 68 offer.

Fed. R. Civ. P. 68 places serious

demands on Plaintiff’s counsel: a response within fourteen
days, and potential serious consequence if the offer is
declined.

Plaintiff’s counsel accepted the offer, and

Defendant is now obligated to carry through.
With this in mind Defendant’s Motion to Enforce
Judgment or for Relief from Judgment (Dkt. No. 38) is hereby
DENIED.

Defendant is ordered to tender the $140,000

settlement check to Plaintiff’s counsel within fourteen days
of this memorandum.

Failing this, Plaintiff may file a

motion for attorney’s fees and interest.
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It is So Ordered.
/s/ Michael A. Ponsor
MICHAEL A. PONSOR
U. S. District Judge

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