Opinion
Case No. 2:11-cv-00644-GLL
09-14-2012
DENNIS THIERET, RONALD L. BUCKNER, DAVID S. BENGEL, DAVID D. MCDONALD, MICHAEL CALLAHAN, MICHAEL D. DRAZICH, JOHN FARR, CHARLES LEGEZA, RONALD PERRIS, ERIC DEFAZIO, JOHN BRADFORD, RONALD LAWRENCE, DAVID M. NELSON, DAVE SIMPSON, FRANK CINICOLA, SCOTT URQUAHANT, DAVID CORNELIUS, DALTON MINERD, JEFFREY B. WHITFORD, MARK A. SUTHERIN, JR., RANDY DEVER, ROBERT THOMAS, MATTHEW RALSTON, PAT GOLDEN, DAVID H. HANEY, ERIC L. GROH, DAVID M. STITT, ROBERT SMITH, BRIAN GEISER, MICHAEL SCHUBERT, KEVIN E. SWEENEY, CHRISTIAN MARINI, THOMAS L. HANDERHAN, MICHAEL HARTLE AND ARTHUR GOLDBERG, Plaintiffs, v. BOTTLING GROUP, LLC, Defendant.
Respectfully submitted, SHEPPARD, MULLIN, RICHTER & HAMPTON LLP SAMANTHA D. HARDY Attorneys for Defendant BOTTLING GROUP, LLC dba PBC. JUBEL1RER, PASS & INTRIERI, P.C. Ernest B. Orsatti Attorneys for Plaintiffs.
Assigned to: Hon. Gary L. Lancaster
Complaint Filed: May 13, 2011
STIPULATION OF DISCONTINUANCE WITH PREJUDICE
WHEREAS, Plaintiffs and Defendant Bottling Group, LLC (collectively, "Parties") and their respective attorneys, attended mediation on January 4, 2012 before Louis B. Kushner and reached a resolution of this FLSA collective action (Doc. 44);
WHEREAS, the Court, having been advised of the Parties' resolution, marked this matter "CASE CLOSED" pending a submission by the Parties of a Stipulation of Discontinuance for approval by this Court (Doc. 45);
WHEREAS, the Parties have agreed to the terms of settlement and all Plaintiffs have entered into an individual Settlement Agreement and Release of Claims with Defendant;
IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendant Bottling Group, LLC, and their respective attorneys, that the above-referenced action has been settled without any admission or finding of liability and, accordingly, is and shall be dismissed with prejudice against Defendant without costs or fees to any party as against any other party, except that the Court shall have continuing subject matter jurisdiction to interpret and enforce the terms of each individual Settlement Agreement and Release of Claims, fully executed on September 6, 2012.
Respectfully submitted,
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
By _______________
SAMANTHA D. HARDY
Attorneys for Defendant BOTTLING GROUP, LLC
dba PBC.
JUBEL1RER, PASS & INTRIERI, P.C.
By _______________
Ernest B. Orsatti
Attorneys for Plaintiffs.
_______________
Hon. Gary L. Lancaster
Chief United States District Judge