Escoto et al v. Anderson et al

Filing 21

ORDER granting 17 Motion to Set Aside Default and Approval of Settlement. Signed by District Judge James C. Dever III on 4/9/2011. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

EASTERN DIVISION

CASE NO: 4:10-CV-55-D

Milton Escoto, Elvin Martinez,
Y osveny Mazariegos, Guillermo
Mercado, Ervin Miguel, Jorge
Peiia, Juan Rosas and Cristian Valdez,

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Plaintiffs

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v.

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Richard C. Anderson d/b/a Anderson
Farms, E frain Cortez and Cesar
Espinoza,

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Defendants

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ORDER
This matter is before the Court on the Joint Motion to Set Aside Default of
Defendant Richard C. Anderson and for Approval of Settlement with Respect to Named
Plaintiffs and Defendant Richard C. Anderson submitted by the named Plaintiffs and
Defendant Anderson (collectively, the "Moving Parties"). In that Joint Motion the Moving
Parties request, pursuant to Rule 55(c) ofthe Federal Rules ofCivil Procedure, that this
Court set-aside the default which was previously entered against Defendant Anderson.
Considering the joint nature of the motion, and for good cause shown, the court hereby
sets aside the entry of default entered against Defendant Anderson.
The Moving Parties also request that this Court approve the proposed settlement
agreement as to the named Plaintiffs and Defendant Anderson, attached as Exhibit 1 to the

Joint Motion, without going through a class certification detennination under Rule 23 of
the Federal Rules of Civil Procedure, with respect to the Plaintiffs' Rule 23 class action
claims under the Migrant and Seasonal Agricultural Worker Protection Act ("A WPA"),
18 U.S.c. § 1801, et seq., and the North Carolina Wage and Hour Act ("NCWHA"), G.S.
§§95-25.1 et seq. See Shelton v. Pargo, Inc., 582 F.2d 1298, 1314-16 (4th Cir. 1978). The
Court fmds that the named Plaintiffs have not used the Rule 23 class action claim under the
AWPA and the NCWHA for "unfair personal aggrandizement in the settlement" of this
case, and there is little likelihood that potential class members have relied on representation
by the named Plaintiffs to their detriment. Shelton, 582 F.2d at 1314-15.
Therefore, based upon those reasons, the Joint Motion by the parties is
GRANTED. It is hereby ORDERED that the Entry of Default of Defendant Anderson
be Set-aside and the Settlement Agreement filed as Exhibit 1 to the Joint Motion is
Approved and no notice need be sent to potential class members. Rule 23(e), Fed.R.Civ.P.

Shelton, 582 F.2d at 1314-16.
SO ORDERED, this the ~ day of

Apr 1'1

,2011.

States District Judge