Free Stipulation - District Court of Arizona - Arizona

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ATTORNEYS AT LAW LOS ANGELES

[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 EDWARD CZARNECKI'S VOLUNTARY DISMISSAL Assigned To: Hon. Paul G. Rosenblatt

On August 14, 2007, Edward Czarnecki filed his Withdrawal of Consent to Join Form ("Czarnecki's Withdrawal") with this Court. On October 3, 2007 Allstate filed its Motion to Strike the Withdrawal. On October 17, 2007, Allstate and Czarnecki filed a stipulation: (1) to withdraw Allstate's Motion to Strike Czarnecki's Withdrawal; (2) to deem Czarnecki's Withdrawal stricken; (3) to request, without deciding any issue, that Czarnecki's claims in this case be dismissed without prejudice and without any decision on the merits; (4) to spread of record 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; and (5) to spread of record the parties' agreement that their stipulation and this order shall not affect any other claim Czarnecki might have under any other law including, but not

Case 2:03-md-01541-PGR

Document 203-2

Filed 10/17/2007

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ATTORNEYS AT LAW LOS ANGELES

limited to, the claims Czarnecki is currently litigating against Allstate in Nettles, et al. v. Allstate Ins. Co., et al., No. 02 CH 14426 (Ill. Cir. Ct. Cook Cty.) WHEREFORE, IT IS HEREBY ORDERED that Czarnecki's Withdrawal is deemed stricken, Allstate's objection to Czarnecki's Withdrawal is deemed withdrawn and, without deciding any issue, Czarnecki's claims are dismissed without prejudice; IT IS FURTHER ORDERED that this dismissal shall not constitute a decision on the merits of any claims Czarnecki has or might have; IT IS FURTHER ORDERED that Allstate's Motion to Strike is removed from the calendar;; IT IS FURTHER ORDERED that Allstate's Motion re: Dismissal is deemed moot as to Czarnecki; IT IS FURTHER ORDERED that Czarnecki's voluntary 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 the date of this stipulation, is hereby spread of record; and IT IS FURTHER ORDERED that Allstate's and Czarnecki's agreement that their stipulation and this order shall not affect any claim Czarnecki might have under any law other than the FLSA including, but not limited to, the claims 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.), is hereby spread of record.

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