Nw. Adm'rs v. PepsiCo Sales, Inc.

Full title: NORTHWEST ADMINISTRATORS, INC., Plaintiff, v. PEPSICO SALES, INC., a…

Court: United States District Court, Western District of Washington

Date published: Feb 3, 2023

2:22-cv-00923-JCC (W.D. Wash. Feb. 3, 2023)

Opinion

2:22-cv-00923-JCC

02-03-2023

NORTHWEST ADMINISTRATORS, INC., Plaintiff, v. PEPSICO SALES, INC., a Delaware corporation, Defendants.

REID, McCARTHY, BALLEW & LEAHY. L.L.P. Russell J. Reid, Attorney for Plaintiff SEYFARTH SHAW LLP, Molly Gabel, Attorney for Defendant

JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE

REID, McCARTHY, BALLEW & LEAHY. L.L.P. Russell J. Reid, Attorney for Plaintiff

SEYFARTH SHAW LLP, Molly Gabel, Attorney for Defendant

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE

JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE

THE PARTIES above named, through their attorneys Russell J. Reid of Reid, McCarthy, Ballew & Leahy, L.L.P., attorneys for Plaintiff, and Molly Gabel of Seyfarth Shaw LLP, attorneys for Defendant, Pepsico Sales, Inc., hereby stipulate that the above-referenced action should be dismissed, with prejudice, and with each party bearing its own attorneys' fees and costs. This Stipulation shall not foreclose Plaintiff or the Trust, based on res judicata principles or other legal principles, from collecting additional contributions, liquidated damages, interest and attorneys' fees for the time period encompassed by this action, December 2021 through February 2022, if a future audit or some other source reveals that Defendant owes the Plaintiff additional amounts for said period, or from collecting contributions, liquidated damages, interest, attorneys' fees and costs for any period other than December 2021 through February 2022.

ORDER OF DISMISSAL

Based on the foregoing Stipulation of Plaintiff and Defendant, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this action shall be and is hereby dismissed with prejudice and that each party shall bear its own attorneys' fees and costs of suit. This Order shall not foreclose Plaintiff or the Trust, based on res judicata principles or other legal principles, from collecting additional contributions, liquidated damages, interest and attorneys fees for the time period encompassed by this action, December 2021 through February 2022, if a future audit or some other source reveals that Defendant owes the Plaintiff additional amounts for said period, or from collecting contributions, liquidated damages, interest, attorney's fees and costs for any period other than December 2021 through February 2022.

SO ORDERED.