Blazick v. LeadVision, LLC

Filing 31

ORDER granting 27 Consent MOTION for Approval of Fair Labor Standards Act Settlement. Signed by District Judge Robert J. Conrad, Jr on 11/14/2018. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-00113-RJC-DCK
JAMES B. BLAZICK,

)
)
Plaintiff,
)
)
vs.
)
)
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LEADVISION, LLC,
)
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Defendant.
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____________________________________ )

ORDER

THIS MATTER comes before the Court on Plaintiffs’ Consent Motion for
Approval of Fair Labor Standards Act Settlement, (Doc. No. 27). The issues having
been duly heard and a decision having been reached, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED:
A.

The Court has jurisdiction over the subject matter of the Action and over
all parties to the Action, including named Plaintiff James B. Blazick and
opt-in Plaintiff Robert Reese (together “Plaintiffs”).

B.

The

Court

approves

the

Settlement

Agreement

and

Release

(“Settlement”) as fair, reasonable, and adequate based on the following
findings of fact and conclusions of law:
1.

This Action involved a bona fide dispute between Plaintiffs and
LeadVision.

2.

The Settlement was negotiated at arm’s length by experienced
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counsel with respect to liability and amounts due, assuming
FLSA violations had occurred.
3.

The Action settled after the parties exchanged data regarding
Plaintiffs’ wages and the number of alleged overtime hours
worked each week. Both Plaintiffs and Defendant had sufficient
information concerning Plaintiffs’ claims and Defendant’s
defenses from which to reach a fair settlement of this matter.

4.

If the Settlement had not been achieved, both Plaintiffs and
Defendant faced the expense, risk and uncertainty of extended
litigation.

5.

The amount of the Settlement, $32,500.00, is fair, reasonable,
adequate.

6.
C.

Plaintiffs support and authorize the Settlement.

The Court approves Plaintiffs’ request for attorneys’ fees and costs in
the amount of $16,000.00, based on the following findings of fact and
conclusions of law:
1.

The FLSA provides that in a collective action, a court shall “allow
a reasonable attorney’s fee to be paid by the defendant, and the
costs of the action.” 29 U.S.C. 216(b).

2.

For purposes of determining a reasonable attorney’s fee, the
hourly rate must be calculated in accordance with the prevailing
market rate in the relevant community. Blum v. Stenson, 465
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U.S. 886, 895 (1984). The Fourth Circuit follows the locality rule,
marking the venue where the court sits as “the first place to look
to in evaluating the prevailing market rate.” Rum Creek Coal
Sales, Inc. v. Capertone, 31 F.3d 169, 179 (4th Cir. 1994). Plaintiff
has submitted the declarations and affidavits of several
experienced Charlotte-based employment law attorneys. Based
on this information, the Court finds the hourly billing rates of
$485.00 for Philip J. Gibbons, Jr. and $425 for Craig L. Leis are
reasonable in light of their respective experience, reputation and
length of practice.
3.

To determine the reasonableness of the fee sought by Plaintiffs’
counsel, the Court has also considered the twelve factors derived
from Johnson v. Georgia Highway Express, Inc., 488 F.2d 714,
717-19 (5th Cir. 1974), which were adopted by the Fourth Circuit
in Barber v. Kimbrell’s, Inc., 577 F.2d 215, 226 (4th Cir. 1978).
Based on this review, the Court finds that the attorneys’ fee
sought by Plaintiffs is reasonable and no adjustments to the fee
are warranted.

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D.

The Court approves the reimbursement of litigation costs and expenses
in the amount of $1,000.00.

Signed: November 14, 2018

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