Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

In re Allstate Insurance Company Fair Labor Standards Act Litigation

) ) )

MDL No. 1541 (2:03md1541) ALL CASES

ORDER REGARDING EDWARD CZARNECKI'S VOLUNTARY DISMISSAL 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Pursuant to the Stipulation re Withdrawal of Consent to Join Form of Edward Czarnecki (docs. #202 and #203), IT IS ORDERED as follows: (1) That the Withdrawal of Consent to Join Form of Edward Czarnecki (doc. #191) is withdrawn and that Edward Czarnecki's claims in this action against Allstate Insurance Company, Allstate Property and Casualty Insurance Company, and Allstate Indemnity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 Czarnecki'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 October 17, 2007; (2) That this order shall not affect any claim Edward Czarnecki might have

Case 2:03-md-01541-PGR

Document 204

Filed 10/18/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

under any law other than the Fair Labor Standards Act including, but not limited to, the claims that Czarnecki is currently litigating against Allstate for overtime pay in Nettles, et al. v. Allstate Ins. Co., et al., No. 02 CH 14426 (Ill. Cir. Ct. Cook Cty). (3) That Defendants' Motion to Strike the Withdrawal of Consent to Join Form of Opt-in Plaintiff Edward Czarnecki (doc. #198) is withdrawn.1 DATED this 18th day of October, 2007.

Although the parties also stipulated that Defendants' Motion to Determine Basis on Which Plaintiffs Should be Permitted to Dismiss Claims (doc. #199) is moot as to Edward Czarnecki, that motion never involved Czarnecki as the Court required the defendants to file a separate motion regarding Czarnecki.
-2-

1

Case 2:03-md-01541-PGR

Document 204

Filed 10/18/2007

Page 2 of 2