The opinion of the court was delivered by: MICHAEL TELESCA, Senior District Judge
On November 14, 2002, plaintiff Marvin Jones ("Jones") brought
an employment discrimination action against defendant Concentrix
Corporation ("Concentrix"). The parties agreed to settle the
dispute for $7,500.00, less mandatory state and federal
withholdings. The terms of the settlement, including the need to
withhold federal and state taxes, were disclosed prior to
finalizing the settlement. Pursuant to the settlement, Concentrix
forwarded a check in the amount of $4,047.12, which represented
the $7,500.00 settlement less state and federal taxes and
withholdings. Thereafter, Concentrix forwarded a "W2" form to
Jones reflecting the witholdings from the $7,500.00 payment.
On March 31, 2003, this court dismissed Jones' discrimination
case with prejudice on grounds that the parties had reached a
settlement. That same day, Jones wrote to Magistrate Judge
Jonathan W. Feldman objecting to the amount of the payment,
claiming that he was owed $7,500.00. Judge Feldman responded to
the plaintiff in writing by noting that because the case was an employment discrimination case, it was necessary to withhold all
applicable taxes and other withholdings. Judge Feldman assured
plaintiff that the settlement amount was correct, and in accordance
with written disclosures made by the defendant prior to settlement
advising plaintiff that certain amounts would be withheld.
Despite having agreed to the settlement, having accepted the
settlement check, and having received assurance from Judge
Feldman that the settlement amount was correct, plaintiff has
filed the instant action seeking an additional $3,452.88.
Defendant moves for summary judgment on grounds that it has
satisfied its obligations under the settlement agreement.
Defendant also seeks costs. Plaintiff has not filed an opposition
to defendant's motion.
Defendant's motion for summary judgment is granted. There is no
basis in law or fact for the relief sought by the plaintiff. The
plaintiff agreed to the settlement, was advised of the
requirement to withhold taxes from the settlement, and was
advised by a federal judge that the settlement amount was correct
and in accordance with the settlement agreement. I deny without
prejudice defendant's counterclaim for costs. Should plaintiff
continue with frivolous litigation against the defndant,
defendant may renew its application.
ALL OF THE ABOVE IS SO ORDERED.
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