Stenschke v. Lufthansa Technik North America Holding Corp

W.D. Washington

Stenschke v. Lufthansa Technik North America Holding Corp

DecidedMarch 16, 2023

Docket2:21-cv-01646

StatusUnknown

This text of Stenschke v. Lufthansa Technik North America Holding Corp (Stenschke v. Lufthansa Technik North America Holding Corp) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stenschke v. Lufthansa Technik North America Holding Corp, (W.D. Wash. 2023).

Pincite

Opinion

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 MICK STENSCHKE, CASE NO. C21-1646-JCC 10 Plaintiff, ORDER 11 v. 12 LUFTHANSA TECHNIK NORTH AMERICA HOLDING CORP., 13 Defendant. 14 15 This matter comes before the Court on the parties’ stipulated motion for approval of their 16 Fair Labor Standards Act (“FLSA”) settlement (Dkt. No. 16). Having thoroughly considered the 17 parties’ briefing and the relevant record, the Court GRANTS the motion for the reasons 18 explained herein. 19 In November 2021, Plaintiff filed suit in the King County Superior Court, alleging 20 Defendant failed to pay him required overtime premiums and lawful rest and meal breaks. (Dkt. 21 No. 1-1.) Defendant removed the case to this Court. (Dkt. No. 1.) After lengthy settlement 22 negotiations, the parties reached a “fair and intelligent settlement of all claims and issues” and 23 seek the Court’s approval. (Dkt. No. 16 at 1.) The Court should do so if the settlement is a “fair 24 and reasonable resolution of a bona fide dispute.” Grewe v. Cobalt Mortg., Inc., 2016 WL 25 4014114, slip op. at 1 (W.D. Wash. 2016) (quoting Lynn’s Food Stores, Inc. v. United States, 26 1 679 F.2d 1350, 1355 (11th Cir. 1982)). For there to be bona fide dispute, it “must fall within the 2 contours of the FLSA and there must be evidence of the defendant’s intent to reject or actual 3 rejection of that claim when it is presented.” Altnor v. Preferred Freezer Svcs., Inc., 197 F. Supp. 4 3d 746, 763 (E.D. pa. 2016) (citation omitted). This can include a dispute over owed wages. See 5 id. 6 The Court finds that the proposed settlement here represents a bona fide dispute. (See 7 Dkt. Nos. 1-1, 1-3; see also Dkt. No. 16 at 4 (explaining dispute between the parties).) Plaintiff’s 8 counsel indicates he carefully considered the risks of no recovery or recovery less favorable than 9 the settlement if the case were to proceed to trial. (Dkt. No. 16 at 2.) And the amount is in line 10 with recent settlements resulting from similar FLSA claims against Defendant. (Dkt. No. 17-1.) 11 The Court FINDS that the settlement is a fair and reasonable resolution of a bona fide dispute. 12 For the foregoing reasons, the parties’ stipulated motion for approval of the settlement 13 (Dkt. No. 16) is GRANTED. The proposed settlement agreement is APPROVED. Plaintiff’s 14 claims are DISMISSED with prejudice. 15 DATED this 16th day of March 2023. A 16 17 18 John C. Coughenour 19 UNITED STATES DISTRICT JUDGE

20 21 22 23 24 25 26

Free access — add to your briefcase to read the full text and ask questions with AI

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 MICK STENSCHKE, CASE NO. C21-1646-JCC 10 Plaintiff, ORDER 11 v. 12 LUFTHANSA TECHNIK NORTH AMERICA HOLDING CORP., 13 Defendant. 14 15 This matter comes before the Court on the parties’ stipulated motion for approval of their 16 Fair Labor Standards Act (“FLSA”) settlement (Dkt. No. 16). Having thoroughly considered the 17 parties’ briefing and the relevant record, the Court GRANTS the motion for the reasons 18 explained herein. 19 In November 2021, Plaintiff filed suit in the King County Superior Court, alleging 20 Defendant failed to pay him required overtime premiums and lawful rest and meal breaks. (Dkt. 21 No. 1-1.) Defendant removed the case to this Court. (Dkt. No. 1.) After lengthy settlement 22 negotiations, the parties reached a “fair and intelligent settlement of all claims and issues” and 23 seek the Court’s approval. (Dkt. No. 16 at 1.) The Court should do so if the settlement is a “fair 24 and reasonable resolution of a bona fide dispute.” Grewe v. Cobalt Mortg., Inc., 2016 WL 25 4014114, slip op. at 1 (W.D. Wash. 2016) (quoting Lynn’s Food Stores, Inc. v. United States, 26 1 679 F.2d 1350, 1355 (11th Cir. 1982)). For there to be bona fide dispute, it “must fall within the 2 contours of the FLSA and there must be evidence of the defendant’s intent to reject or actual 3 rejection of that claim when it is presented.” Altnor v. Preferred Freezer Svcs., Inc., 197 F. Supp. 4 3d 746, 763 (E.D. pa. 2016) (citation omitted). This can include a dispute over owed wages. See 5 id. 6 The Court finds that the proposed settlement here represents a bona fide dispute. (See 7 Dkt. Nos. 1-1, 1-3; see also Dkt. No. 16 at 4 (explaining dispute between the parties).) Plaintiff’s 8 counsel indicates he carefully considered the risks of no recovery or recovery less favorable than 9 the settlement if the case were to proceed to trial. (Dkt. No. 16 at 2.) And the amount is in line 10 with recent settlements resulting from similar FLSA claims against Defendant. (Dkt. No. 17-1.) 11 The Court FINDS that the settlement is a fair and reasonable resolution of a bona fide dispute. 12 For the foregoing reasons, the parties’ stipulated motion for approval of the settlement 13 (Dkt. No. 16) is GRANTED. The proposed settlement agreement is APPROVED. Plaintiff’s 14 claims are DISMISSED with prejudice. 15 DATED this 16th day of March 2023. A 16 17 18 John C. Coughenour 19 UNITED STATES DISTRICT JUDGE

20 21 22 23 24 25 26

Cite This Page — Counsel Stack

Bluebook (online)

Stenschke v. Lufthansa Technik North America Holding Corp, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stenschke-v-lufthansa-technik-north-america-holding-corp-wawd-2023.

Opinion

Related

Cite This Page — Counsel Stack