Opinion
Case No. 10-10432, Adversary Proceeding No. 10-00245.
April 28, 2011
STIPULATION OF JUDGMENT AND DISMISSAL
Plaintiffs Ulises Gutierrez, Dany Maeda, Edgar Hernandez, Anibal Aquino, and Marco Antonio Arredondo (collectively, "Plaintiffs"), and Defendant Andres R. Becker ("Mr. Becker" or "Defendant"), by their undersigned counsel, hereby stipulate and agree as follows:
WHEREAS, on August 10, 2009, Plaintiffs initiated an action against Mr. Becker in the United States District Court for the District of Maryland asserting claims, inter alia, under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"); the Maryland Wage and Hour Law, Md. Code Ann., LAB EMP. § 3-401 et seq. ("MWHL"); the Maryland Wage Payment and Collection Law, Md. Code Ann., LAB. EMP. §§ 3-501 — 3-507.1 ("MWPCL"); and Maryland common law regarding breach of contract and unjust enrichment (the "District Court Action"); and
WHEREAS, on January 8, 2010, Mr. Becker filed a voluntary petition for relief (the "Bankruptcy Case") under Chapter 7 of Title 11 of the United States Code (the "Bankruptcy Code"); and
WHEREAS, on April 19, 2010, Plaintiffs initiated this adversary proceeding (the "Lawsuit") against Mr. Becker. In the Lawsuit, Plaintiffs allege that, pursuant to 11 U.S.C. § 523, debts owed to the Plaintiffs in the above Chapter 7 case are not dischargeable; and
WHEREAS, Plaintiffs and Defendant have reached an agreement to resolve the Lawsuit.
Now, therefore, in consideration of the mutual promises, covenants, and obligations in this Stipulation, Plaintiffs and Mr. Becker, through their undersigned counsel, hereby stipulate and agree as follows.
I. Jurisdiction
1.01 This Court has jurisdiction over the Lawsuit and the parties pursuant to 28 U.S.C. § 157(b)(2)(I) and 28 U.S.C. § 1334.
II. General Provisions
2.01. This Stipulation constitutes both a Judgment by the Court and a contract, and all of its provisions are enforceable by the undersigned parties.
III. Judgment
3.01. Defendant hereby stipulates to a judgment in the amount of Forty-Eight Thousand, Five Hundred Ninety-Nine Dollars ($48,599.00) (the "Judgment"), which amount shall be allocated among the Plaintiffs as follows:
• $11,353.00 in favor of Anibal Aquino; • $7,972.00 in favor of Marco Arredondo; • $12,242.00 in favor of Ulises Gutierrez; • $6,349.00 in favor of Edgar Hernandez; and • $10,683.00 in favor of Dany Maeda. 3.02. Pursuant to 11 U.S.C. § 523, the Judgment shall be nondischargeable in the Defendant's Bankruptcy Case and shall survive the order of discharge in the Defendant's Bankruptcy Case and in any subsequent Bankruptcy Case in which the Defendant is a debtor.3.03. Plaintiffs shall not execute on the Defendant's interest in a 2004 Ford F350 truck that the Defendant uses in his business.
IV. Dismissal and Releases
4.01. Upon the entry of this Stipulation and Order by the Bankruptcy Court, Plaintiffs shall dismiss the District Court Action with prejudice and shall release any other claims, known or unknown, which they may have against the Defendant as of the date of this Stipulation and Order.
4.02. Upon the entry of this Stipulation and Order by the Court, Mr. Becker does hereby unconditionally and irrevocably remise, release and discharge Plaintiffs from any and all past, present, and future claims, whether known or unknown as of the date hereof, arising at law or in equity, which he may have against the Plaintiffs, including but not limited to all claims that were asserted or could have been asserted in this Lawsuit.
V. Miscellaneous Provisions
5.01. Each party shall bear its own costs and expenses in this action and in the District Court Action.
5.02. If the Court declines to approve the Stipulation, the settlement agreement between Plaintiffs and Mr. Becker shall be void and the Lawsuit shall proceed without prejudice to the rights of Plaintiffs or Mr. Becker.
THE UNDERSIGNED enter into and agree to this Stipulation:2/11/11 3/8/11 3/11/2011 02/17/10 03/04/11 03/10/2011
________________________________________ Defendant Andres R Becker [Date] ________________________________________ Plaintiff Ullses Gutierrez [Date] ________________________________________ Plaintiff Dany Maeda [Date] ________________________________________ Plaintiff Edgar Hernandez [Date] ________________________________________ Plaintiff Anibal Aquino [Date] ________________________________________ Plaintiff Marco Antonio Arredondo [Date]