Free Stipulation of Dismissal - District Court of Delaware - Delaware

Case 1:07-cv-00262-GMS

Document 32

Filed 01/22/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM WERSINGER, Plaintiff, v. BANK OF AMERICA CORPORATION, Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 07-262-GMS

STIPULATION AND ORDER DISMISSING COLLECTIVE ACTION CLAIM Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, IT IS HEREBY STIPULATED by, and between, the Plaintiff William Wersinger and Defendant Bank of America Corporation, through their respective counsel of record, as follows: 1. Plaintiff commenced this action under the Fair Labor Standards Act

(FLSA). As part of his claims, Plaintiff sought to certify a class of similarly situated current and former employees pursuant to 29 U.S.C. § 216(b) (the "Collective Action"). 2. In accordance with the Court's scheduling order, the parties engaged in

preliminary discovery relating to certification issues of the Collective Action and to Plaintiff himself. Based on this preliminary discovery, the Plaintiff has determined that the potential number of putative class members is limited in numerical size and thus the Collective Action would not be an effective means of administering this case. The parties therefore agree that this case should not proceed as a Collective Action. 3. Those aspects of Plaintiff's complaint (as amended) that pertain to the

Collective Action (including any such claims or relief on behalf of current and former

DB02:6519501.1

061442.1002

Case 1:07-cv-00262-GMS

Document 32

Filed 01/22/2008

Page 2 of 2

employees) are dismissed without prejudice. Plaintiff shall be permitted to proceed with his individual claims against Defendant. 4. Plaintiff and Defendant shall bear their own costs and attorneys' fees in

connection with their prosecution and defense of the claim for a Collective Action.

/s/ Donald Gouge Donald L. Gouge, Jr. (I.D. No. 2234) Heiman, Gouge & Kaufman, LLP 800 King Street Wilmington, Delaware 19801 Telephone: (302) 658-1800 Facsimile: (302) 658-1473 Email: [email protected] /s/ Stephen B. Lebau Stephen B. Lebau, Pro Hac Vice LEBAU & NEUWORTH, LLC 606 Baltimore Avenue ­ Suite 201 Baltimore, Maryland 21204 Telephone: (410) 296-3030 Email: [email protected] Attorneys for Plaintiff

/s/ Scott A. Holt Sheldon N. Sandler (I.D. No. 245) Scott A. Holt (I.D. No. 3399) Young Conaway Stargatt & Taylor, LLP The Brandywine Building, 17th Floor 1000 West Street Wilmington, Delaware 19801 Telephone: (302) 571-6673; 571-6623 Facsimile: (302) 576-3330; 576-3299 Email: [email protected]; [email protected] Attorneys for Defendant

Dated: January 22, 2008

SO ORDERED this _____ day of ____________, 2008.

_________________________________ U.S.D.J.

DB02:6519501.1

061442.1002