Free Stipulation - District Court of Arizona - Arizona

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[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 ALL CASES ORDER REGARDING DENNIS DAY'S VOLUNTARY DISMISSAL Assigned To: Hon. Paul G. Rosenblatt

Pursuant to the Stipulation re Dennis Day (docs. #____ and #____), IT IS ORDERED 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 ___, 2007;

Case 2:03-md-01541-PGR

Document 208-2

Filed 11/13/2007

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ATTORNEYS AT LAW LOS ANGELES

(2) That this order shall not affect any claim 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 Nettles, et al. v. Allstate Ins. Co., et al., No. 02 CH 14426 (Ill. Cir. Ct. Cook Cty); and (3) That Defendants' Motion to Determine Basis on Which Plaintiffs Should be Permitted to Dismiss Claims (doc. #199) is deemed moot as to Dennis Day. DATED this _____ day of November, 2007.

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