Opinion
No. 01 C 7263.
October 29, 2004
OPINION AND ORDER
Before the court are the parties Motions to Vacate the Opinion and Order docketed July 6, 2004 and the Judgment in a Civil Case dated July 2, 2004. For the following reasons the parties Motions to Vacate is granted in part, and the court relinquishes its supplemental jurisdiction over the remaining state law claims.
I. BACKGROUND
This court entered an Opinion and Order on this matter dated July 1, 2004. That Opinion resolved all federal causes of action and relinquished supplemental jurisdiction over the remaining state law claims.
After that Opinion was entered, both parties filed pleadings regarding modification or vacation to it.
The parties have no objection to this court entering a judgment in favor of the four Fair Labor Standards Act plaintiffs in sums certain and against defendants both jointly and severally.
II. DISCUSSION
The court has reviewed the parties' pleadings on vacating and modifying this court's Opinion and Order dated July 1, 2004. The parties agree that the July 1, 2004 Opinion and the July 2, 2004 Judgment in a Civil Case should be modified to enter judgment in a sum certain for each of the four plaintiffs in the federal counts and against the defendants jointly and severally. The parties disagree on what should be done with the state court counts.
III. CONCLUSION
The Opinion of July 1, 2004 is amended to enter judgment in favor of the individual plaintiffs in the FLSA counts and against Defendants Premium Concrete Cutting, Inc. and Defendant Bryan Mraz both jointly and severally in the following amounts:
1. For Plaintiff Daniel Ringier $28,363.12 2. For Plaintiff Tony Sherman $ 1,695.51 3. For Plaintiff Thomas Bastian $ 2,309.19 4. For Plaintiff Donald Zucco $ 619.56
For the reasons stated in the July 1, 2004 Opinion no ruling on the state court counts has been or will be made. The court relinquishes its supplemental jurisdiction over the remaining state law claims.
IT IS SO ORDERED.