Felts v. Ark Potomac Corporation
Civil Action No. 2021-0656
| D.D.C. | Dec 21, 2021Background
- Plaintiffs (including Rebecca Felts) sued Ark Potomac d/b/a Sequoia under the FLSA and DCMWA for unpaid minimum wages and overtime.
- Parties negotiated a settlement and moved for court approval; the agreement provided 100% of backpay for a three-year period plus liquidated damages structured as a 10% add-on (not full FLSA liquidated damages) and a discounted attorneys’ fee recovery.
- Felts contacted the court ex parte expressing objections, later claimed she signed reluctantly after counsel threatened to withdraw, and alleged calculation errors in her settlement amount.
- Plaintiffs’ counsel moved to withdraw due to irreconcilable differences/conflict of interest; the Court granted withdrawal and ordered Felts to either seek new counsel or set forth objections in writing; Felts proceeded pro se and filed objections.
- The Court reviewed the settlement for a bona fide dispute and overall fairness, considered counsels’ negotiations, discovery, and the settlement formula, and evaluated the reasonableness of attorneys’ fees and expenses.
- The Court approved the settlement over Felts’s objections, concluding the deal was the product of arm’s-length bargaining, reasonably reflected the parties’ relative positions, and contained reasonable fee arrangements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the settlement resolves a bona fide dispute | Felts did not dispute the existence of a dispute but contested fairness and calculations | Parties agreed a bona fide dispute existed between plaintiffs and defendant | Court: Settlement resolves a bona fide dispute; review proceeds |
| Whether the settlement is fair and reasonable | Felts argued she signed reluctantly, liquidated damages undervalued, and wage data miscalculated | Parties argued arm's-length bargaining, informal discovery informed valuation, and settlement approximates plaintiffs’ recovery | Court: Settlement is fair — negotiated in good faith, reasonable relative to strengths/weaknesses, close to plaintiffs’ asserted damages |
| Whether counsel’s withdrawal was proper | Felts opposed withdrawal and contested counsel’s conduct | Plaintiffs’ counsel asserted irreconcilable differences and conflict of interest | Court: Withdrawal was appropriate under Local Civil Rule due to conflict/irreconcilable differences |
| Whether attorneys’ fees and expenses are reasonable | Felts implicitly challenged the deal but did not present a counter on fees | Plaintiffs argued hours and lodestar were reasonable and fees in settlement were a substantial discount | Court: Fees and expenses are reasonable; settlement limits review to monetary compromise terms |
Key Cases Cited
- Stephens v. Farmers Restaurant Grp., 329 F.R.D. 476 (D.D.C. 2019) (describing standards for court review of FLSA settlements)
- Carrillo v. Dandan Inc., 51 F. Supp. 3d 124 (D.D.C. 2014) (presumption of fairness for settlements and factors to evaluate employer overreaching)
