Ivan Epps v. AZ Battery Rescue LLC, et al.

District Court, D. Maryland·Decided July 8, 2026·No. 1:23-cv-01870·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

) IVAN EPPS, ) ) Plaintiff, ) Civil Action No. 1:23-cv-01870-LKG ) v. ) Dated: July 8, 2026 ) AZ BATTERY RESCUE LLC, et al., ) ) Defendants. ) )

MEMORANDUM OPINION I. INTRODUCTION In this civil action, the Plaintiff, Ivan Epps, alleges that the Defendants, AZ Battery Rescue LLC (“AZ”) and its owners, Pir Mohammad Arshad (“Arshad”) and Mohammed D. Majeed (“Majeed”), failed to pay him certain wages and overtime pay, in violation of the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §§ 201, et seq.; the Maryland Wage and Hour Law (“MWHL”), Labor & Empl. Art. §§ 3-413, 3-415 and 3-427; and the Maryland Wage Payment and Collection Law (“MWPCL”), Labor & Empl. Art., §§ 3-502, 3-503, 3-505 and 3- 507.2. See generally ECF No. 37. On April 10, 2026, the Plaintiff filed a consent motion for judicial approval of partial settlement of FLSA claims with Defendant Arshad only, that would partially resolve his claims. See generally ECF No. 55; see also 29 U.S.C. § 216(b) (requiring Court approval to release FLSA claims brought by an employee in a private right of action). The Court held a fairness hearing on the parties’ proposed settlement on June 24, 2026. ECF No. 57. On June 30, 2026, the Plaintiff filed a supplement to his motion for approval of the partial settlement of FLSA claims. ECF No. 59. For the reasons set forth below, and stated during the fairness hearing, the Court: (1) GRANTS-in-PART the Plaintiff’s consent motion for approval of partial settlement of FLSA claims as to Defendant Arshad only (ECF No. 55); (2) APPROVES the parties’ Settlement Agreement (ECF No. 55-1); and (3) AWARDS the Plaintiff: (a) unpaid wages in the amount of $9,250.00; (b) attorneys’ fees in the amount of $12,450.00 and (c) costs in the amount of $8,748.26. II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY1 A. Factual Background In this civil action, the Plaintiff alleges that the Defendants failed to pay him certain wages and overtime pay, in violation of the FLSA, the MWHL, and the MWPCL. See generally ECF No. 37. The Plaintiff and Defendant Arshad have reached a settlement (the “Settlement Agreement”) which would, among other things, partially resolve the Plaintiff’s claims and allow the Plaintiff to recover $9,250.00 in unpaid wages. See ECF No. 55-1. Case Background As background, the Plaintiff commenced this civil action on July 11, 2023. ECF No. 1. On January 8, 2025, the Plaintiff filed an amended complaint, alleging that the Defendants failed to pay him certain wages and overtime pay for work that he performed as a roadside assistance driver for AZ Battery Rescue, in violation of the FLSA, the MWHL and the MWPCL. ECF No. 37. The parties engaged in discovery on these claims in 2023. ECF No. 55 at 2. During the year-long discovery period, the parties served and responded to written discovery requests and completed three depositions. Id. at 2-3. The Plaintiff also obtained his pay records from the Defendants, and the metadata of the tablet that he used during work. Id. at 6. Using these records, the Plaintiff reconstructed his hours. Id. And so, the Plaintiff contends that the Defendants owe him $14,830.44 in unpaid wages and overtime pay under the MWHL, and an equal amount as liquidated damages, for a total amount of $29,660.88, plus his reasonable attorneys’ fees and costs. Id. On September 17, 2024, the parties participated in an in-person mediation session. Id. After the close of discovery, counsel for the Defendants withdrew from the case. Id. at 3. Defendants Majeed and AZ failed to retain new counsel and to respond to the Court’s directives. Id. And so, the Plaintiff has moved for a default judgment against these two Defendants. ECF No. 54.

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