Free Stipulation - District Court of Delaware - Delaware

Case 1 :04-cv-01364-SLR Document 31 Filed 10/24/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
OSVELI BERDUO—DELEON, gt al, )
Plaintiffs, g
v. )
)
FRESH CUT LAWN AND LANDSCAPE ) C.A. No. 04-l364—SLR
SERVICE, INC., et ah, ) [Class Action]
Defendants. i
STIPULATION OF SETTLEMENT
This Settlement Agreement (hereinafter the "Agreement") is made and entered into on
October 21, 2005 by and among Defendants Fresh Cut Lawn and Landscape Service, Inc.
("Fresh Cut") and Christopher Glenn (collectively, the "Defendants") and Plaintiffs Osveli
Berduo—DeLeon et al. (the "Plaintiffs").
WHEREAS, on or about October I5, 2004 Plaintiffs commenced the within action
pursuant to 29 U.S.C. § 201, et seq., against the Defendants in the United States District Court
for the District of Delaware alleging violations of the Fair Labor Standards Act (FLSA); and
WHEREAS, Plaintiffs claimed that they were not paid overtime compensation in
accordance with the FLSA; and
WHEREAS, the Defendants answered the complaint denying all the material allegations
contained therein; and
WHEREAS, the Defendants and Plaintiffs now desire to resolve fully these matters
without the expense, time, risk and inconvenience of further litigation; and
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Case 1:04-cv-01364-SLR Document 31 Filed 10/24/2005 Page 2 Of 4
WHEREAS, the Defendants and Plaintiffs have reached an agreement as to the complete
and final resolution of these matters.
NOW, THEREFORE, it is stipulated and agreed as follows:
1. For purposes of this Agreement, the parties agree to collective treatment of the
claims brought by the Plaintiffs under the FLSA.
2. After the execution of this Agreement and approval of same by the Court, the
Defendants shall pay the Plaintiffs a gross amount of $39,932.34 that shall be distributed to the
Plaintiffs in accordance with the chart attached as Exhibit A of this Agreement. Payment shall
be in the fonn of checks made payable to the Plaintiffs, less any applicable local, state and
federal withholding taxes. In addition, Defendants shall pay counsel for the Plaintiffs
$57,000.00 as an agreed upon amount for reasonable atto1neys’ fees and costs incurred.
3. Each individual plaintiff shall execute a release in the form as agreed to by
counsel for the parties, the terms of which are incorporated into this Agreement.
4. The Plaintiffs agree to dismiss immediately the within action with prejudice, and
they authorize their attorney to execute and file with the court a joint motion to approve this
Agreement, except that such dismissal shall be without prejudice as to any individual plaintiff
who has not executed a release as described in paragraph 2 and who has not received any
payments under this Agreement.
5. The parties acknowledge that they have each reviewed the terms of this
Agreement to ensure complete understanding of their rights and obligations there under.
Plaintiffs are fully satisfied that they understand the full effect of this Agreement, including the
release and waiver of claims, and that their claims under the FLSA will be dismissed with
prejudice by the Court.
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Case 1:04-cv-01364-SLR Document 31 Filed 10/24/2005 Page 3 of 4
6. This Agreement constitutes the entire agreement between Plaintiffs and
Defendants. This Agreement supersedes any prior agreements between the parties and shall be
the sole source of all rights or claims which may be asserted by either party on or after the
making of this Agreement.
7. This Agreement may not be altered except by a writing signed by all parties. The
language of all parts of this Agreement shall in all cases be construed as a whole according to its
fair meaning, and not strictly for or against any of the parties, regardless of who drafted it. lf any
provision, or portion thereof, of this Agreement is found to be unlawful, the remaining
provisions and portions shall remain fully enforceable.
8. By entering into this Agreement, the Defendants do not acknowledge or admit
that they, individually or as a group, engaged in any wrongdoing or that the Defendants, or any
of their agents, servants, and/or employees violated any federal, state, or local law, statute, order,
ordinance, rule, or regulation, or contract or common law requirement, duty, or obligation.
9. The parties agree to cooperate in the execution of any and all further documents
as may be necessary to effectuate this Agreement and authorize their counsel to execute any and
all documents on their behalf.
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Case 1:04-cv-01364-SLR Document 31 Filed 10/24/2005 Page 4 of 4
10. Each party is responsible for its own attorneys} fees, court costs and other
litigation related expenses associated with the above captioned action, except as otherwise
provided in this Agreement.
SCHMITT1NGER& RODRIGUEZ, P.A. YOUNG CONAWAY STARGATT &
TAYLOR, LLP
/s/ /s/
David A. Boswell, Esquire (N0. 3172) Scott A. Holt (No. 3399)
Wachovia Bank Building The Brandywine Building, 17th Floor
4602 Highway One, Second Floor 1000 West Street
Rehoboth Beach, DE 19971-9794 Wilmington, Delaware 19801
(302) 227-1400 (302) 571-6623
Attorneys for Defendants
- and —
BROWN, GOLDSTEIN & LEVY, L.L.P.
C. Christoper Brown
120 E. Baltimore Street, Suite 1700
Baltimore, MD 21202
(410) 962-1030
Attorneys for Plaintiffs
Dated: October 24, 2005
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