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

CourtDistrict Court, D. Maryland
DecidedJuly 8, 2026
Docket1:23-cv-01870
StatusUnknown

This text of Ivan Epps v. AZ Battery Rescue LLC, et al. (Ivan Epps v. AZ Battery Rescue LLC, et al.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ivan Epps v. AZ Battery Rescue LLC, et al., (D. Md. 2026).

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.

1 The facts recited in this memorandum opinion are derived from the complaint, amended complaint, the consent motion for approval of partial settlement of FLSA claims as to Defendant Arshad and memorandum and exhibits in support thereof, and the parties’ supplement to the motion and the exhibits in support thereof. ECF Nos. 1, 37, 55, 55-1 and 59. The Bankruptcy Case On May 30, 2025, Defendant Arshad filed for relief under Chapter 7 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Maryland. See In re Pir Arshad (Case No. 25-14896) (the “Bankruptcy Case”). ECF No. 55 at 3. Counsel for the Plaintiff, Andrew Balashov, Esq., also represented the Plaintiff in the Bankruptcy Case. Id. Mr. Balashov represents to the Court that he attended the meeting of creditors, reviewed Defendant Arshad’s bankruptcy schedules and filings, evaluated the potential to bring a claim objecting to Defendant Arshad’s discharge, and negotiated with Defendant Arshad’s bankruptcy counsel in connection with the Bankruptcy Case. Id. The Fraudulent Conveyance Case In 2025, Defendant Majeed transferred his interest in his home residence to himself and his wife, to be held as tenants by their entirety. Id. And so, on July 7, 2025, the Plaintiff filed a lawsuit against Defendant Majeed, and his wife Rubina Majeed (the “Fraudulent Conveyance Case”) in the Circuit Court for Howard County, Maryland. See Epps v. Majeed, No. C-13-CV- 25-000639. The Plaintiff contends that Defendant Majeed fraudulently transferred the interest in his home residence after he became aware of this lawsuit. Id. The Majeeds defaulted in the Fraudulent Conveyance Case. Id. And so, the Circuit Court for Howard County, Maryland entered a default judgment against them, that required, among other things, that the Majeeds reconvey the property back to Defendant Majeed as the sole owner. Id. at 3-4. The Settlement Agreement The Plaintiff and Defendant Arshad have reached a settlement in this case (the “Settlement Agreement”) that would partially resolve the Plaintiff’s claims and allow the Plaintiff to recover $9,250.00 in unpaid wages from Defendant Arshad. See ECF No. 55-1. The key provisions of the Settlement Agreement are summarized below. First, Section 2 of the Settlement Agreement addresses the Settlement Payment and provides that Defendant Arshad will pay to the Plaintiff and his counsel $37,000.00 (the “Settlement Payment”). ECF No. 55-1 at 2. Second, Section 2(c) of the Settlement Agreement addresses the allocation of the Settlement Payment between the Plaintiff and his counsel. Id. at 2. In this regard, the Settlement Agreement provides that the sum of $9,250.00 will be paid to the Plaintiff in partial satisfaction of his claim for unpaid wages and liquidated damages. Id. The Plaintiff represents to the Court that this payment constitutes approximately one-third of the sum of his estimated unpaid wages and maximum recoverable liquidated damages under the FLSA. See ECF No. 55-1. Third, the Settlement Agreement provides that $9,000.00 will be applied to the costs and expenses incurred by the Plaintiff in this litigation, the Bankruptcy Case and the Fraudulent Conveyance Case, in the following amounts: (1) this litigation ($8,701.00); (2) the Fraudulent Conveyance Case ($235.00); and (3) the Bankruptcy Case ($64.00). Id. Fourth, the Settlement Agreement provides that Defendant Arshad will pay the Plaintiff’s reasonable attorneys’ fees in the amount of $18,750.00, to be allocated as follows: (1) the Fraudulent Conveyance Case ($6,300.00); (2) the Bankruptcy Case ($8,000.00); and (3) this litigation ($4,450.00). Id. Fifth, Section 9 of the Settlement Agreement contains a release provision which provides that, upon his acceptance of the payment in the amount of $9,250.00 from Defendant Arshad, the Plaintiff will fully release Defendant Arshad from all claims brought against him in this case and any claims for objection to discharge in the Bankruptcy Case. Id. at 4-5.

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Ivan Epps v. AZ Battery Rescue LLC, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/ivan-epps-v-az-battery-rescue-llc-et-al-mdd-2026.