Free Stipulation of Dismissal - District Court of Federal Claims - federal

Case 1:90-cv-00162-LJB

Document 611

Filed 11/27/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS _________________________________________ STEPHEN S. ADAMS, et al., ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________)

Case No. 90-162C and consolidated cases (Judge Lynn J. Bush)

STIPULATION OF PARTIAL DISMISSAL Pursuant to RCFC 41(a)(1)(ii), the parties stipulate to the partial dismissal of certain claims asserted in these consolidated civil actions pursuant to, and in accordance with, the terms of a partial settlement agreement entered into by the parties on November 22, 2006. The claims encompassed by the above-referenced partial settlement agreement and by this stipulation of partial dismissal are the claims for compensation under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"), of plaintiffs while employed as grade 13 occupational code 1811 criminal investigators by the Internal Revenue Service; the United States Customs Service; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco and Firearms; and the United States Secret Service. The partial settlement agreement does not cover plaintiffs' FLSA claims for the time solely spent driving a Government vehicle between home and work, nor the claims

Case 1:90-cv-00162-LJB

Document 611

Filed 11/27/2006

Page 2 of 3

of plaintiffs while employed as GS-13 criminal investigators for agencies other than those set forth above. Respectfully submitted,

s/Jules Bernstein JULES BERNSTEIN Bernstein & Lipsett, P.C. 1920 L Street, N.W., Suite 303 Washington, D.C. 20036 Tel: (202) 296-1798

PETER D. KEISLER Assistant Attorney General

s/David M. Cohen DAVID M. COHEN Director

s/Linda Lipsett LINDA LIPSETT Bernstein & Lipsett, P.C. 1920 L Street, N.W., Suite 303 Washington, D.C. 20036 Tel: (202) 296-1798

s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., Room 7036 Washington, D.C. 20530 Tel: (202) 305-7563

s/Edgar James EDGAR N. JAMES James & Hoffman, P.C. 1101 17th Street, N.W., Suite 510 Washington, D.C. 20036 Tel: (202) 496-0500 Attorneys for Plaintiffs Dated: November 27, 2006 Filed Electronically with the consent of the Attorneys for Defendant Attorneys for Defendant Dated: November 27, 2006

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Case 1:90-cv-00162-LJB

Document 611

Filed 11/27/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 27th day of November 2006, a copy of the foregoing "STIPULATION OF PARTIAL DISMISSAL" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/Jules Bernstein