Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 ORDER re DISMISSAL OF DENNIS DAY 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IT IS ORDERED that the Stipulation re Voluntary Dismissal [of] Dennis Day (doc. #208) is accepted as follows: (1) that Dennis Day's claims in this action against Allstate Insurance Company, Allstate Property and Casualty Insurance Company, and Allstate Indemnity Company (collectively "Allstate") are voluntarily dismissed without prejudice in light of Day's agreement to refrain from asserting, either on his own behalf or as a member of a collective action, any claim for overtime pay he might have against Allstate under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., for any events that occurred during his employment with Allstate up to November 13, 2007; (2) that this order shall not affect any claim that Dennis Day might have under any law other than the Fair Labor Standards Act including, but not limited to, the claims that are currently being litigated against Allstate for overtime pay In re Allstate Insurance Company Fair Labor Standards Act Litigation ) ) ) MDL No. 1541 (2:03-md-1541) ALL CASES IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 2:03-md-01541-PGR

Document 209

Filed 02/04/2008

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in Nettles, et al. v. Allstate Ins. Co., et al., No. 02 CH 14426 (Ill. Cir. Ct. Cook Cty); and (3) that Defendant's Motion to Determine Basis on Which Plaintiffs should be Permitted to Dismiss Claims (doc. #199) is deemed moot as to Dennis Day. DATED this 30th day of January, 2008.

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Case 2:03-md-01541-PGR

Document 209

Filed 02/04/2008

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