Free Stipulation - District Court of Federal Claims - federal

Case 1:06-cv-00103-LJB

Document 10

Filed 06/28/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

LYDIA Y. BAGLEY, et al. Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

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Case No. 06-103C (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 this action pursuant to, and in accordance with, the terms of a partial settlement agreement entered into by the parties on June 27, 2006. The claims encompassed by the above-referenced partial settlement agreement and by this stipulation of partial dismissal are plaintiffs' claims for compensation under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"), based upon employment at the Bureau of Alcohol, Tobacco, Firearms and Explosives in non-supervisory positions in occupational series 391, pay bands two and three. The partial settlement agreement and this stipulation do not cover plaintiffs' FLSA claims for the time solely spent driving a Government vehicle between home and work, or claims based upon employment in positions and at agencies other than those identified above. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:06-cv-00103-LJB

Document 10

Filed 06/28/2006

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s/Jules Bernstein JULES BERNSTEIN Bernstein & Lipsett, P.C. 1920 L Street, N.W. Suite 303 Washington, D.C. 20036 OF COUNSEL: LINDA LIPSETT Tel: (202) 296-1798 Fax: (202) 296-7220

s/David M. Cohen DAVID M. COHEN Director

EDGAR N. JAMES James & Hoffman, P.C. 1101 17th Street, N.W. Suite 510 Washington, D.C. 20036 Tel: (202) 496-0500 Fax: (202) 496-0555 Attorneys for Plaintiffs Dated: June 28, 2006

s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-7561 Fax: (202) 305-7643 Attorneys for Defendant Dated: June 28, 2006 Filed Electronically with the consent of Attorneys for Defendant

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Case 1:06-cv-00103-LJB

Document 10

Filed 06/28/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 28th day of June 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