Free Other Notice - District Court of Arizona - Arizona

[DRAFT ORDER ­ NOT TO BE SIGNED OR FILED]

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN RE ALLSTATE INSURANCE CO. FAIR LABOR STANDARDS ACT LITIGATION

MDL NO. 1541 (2:03md1541) ALL CASES ORDER TO SHOW CAUSE RE VOLUNTARY DISMISSAL Assigned To: Hon. Paul G. Rosenblatt

The Court, having granted summary judgment on August 6, 2007, against all of the plaintiffs in the Gaglione action (the "Summary Judgment Order"), one of the four consolidated actions in this case; having held a status conference with the parties regarding the impact of the Summary Judgment Order on all of the other remaining plaintiffs in this action (both named plaintiffs and opt-in plaintiffs) on September 12, 2007; and having considered on July 14, 2008, ruled on Defendants' Motion to Determine Basis on Which Plaintiffs Should Be Permitted to Dismiss Claims ("Order re Dismissal") that any named or opt-in plaintiff ("collectively, "plaintiffs") wishing to voluntarily dismiss his or her claims shall do so only upon the conditions set by the Court in that Order, IT IS HEREBY ORDERED that the named plaintiffs in each of the four consolidated cases should jointly provide the opt-in plaintiffs with written notice

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("Notice") advising them as follows: (1) that the Court deems this action to be to a significant

degree in a post-summary judgment procedure posture, in that the Court's decision to grant summary judgment has far-reaching implications for the remaining plaintiffs because it resolved some significant substantive issues that affect the entirety of this MDL action; (2) that, in accordance with the Court's Order re

Dismissal, each remaining plaintiff may choose to voluntarily dismiss his or her claim pursuant to Federal Rules of Civil Procedure 41(a)(2) with the condition that he or she shall be barred from asserting as a member of a collective action any claim for overtime pay he or she might have against defendants under the Fair Labor Standards Act ("FLSA") if that FLSA claim can be litigated as a part of this MDL action, and that defendants have agreed not to seek to recover costs against any plaintiff who so elects to dismiss his or her claim; and (3) that any plaintiff who chooses to remain in this MDL

action may do so and the Court will thereafter determine, pursuant to an appropriate motion, whether the Summary Judgment Order should be applied against any or all such plaintiffs, and that defendants, should they prevail, intend to seek to recover all of their costs included in all of the consolidated classes from any such plaintiffs. The Notice shall be substantially in the form attached hereto as Exhibit A, including the return postcard included therein; and

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IT IS FURTHER ORDERED that plaintiffs' counsel may include with the Notice whatever additional legal advice they believe is appropriate to advise the remaining plaintiffs regarding the choices available to them and the potential rights and obligations that accompany those choices. ORDERED in Phoenix, Arizona, this ___ day of August, 2008.

Paul G. Rosenblatt United States District Judge

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