Free Stipulation - District Court of Arizona - Arizona

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LATHAM & WATKINS LLP Joel E. Krischer (California SBN 066489) (admitted pro hac vice) [email protected] 633 West Fifth Street, Suite 4000 Los Angeles, California 90071-2007 Telephone: (213) 485-1234 Facsimile: (213) 891-8763 LATHAM & WATKINS LLP Joanna R. Wolfe (New York SBN 4436960) (admitted pro hac vice) [email protected] 885 Third Avenue, Suite 1000 New York, New York 10022-4802 Telephone: (212) 906-1200 Facsimile: (212) 751-4864 LATHAM & WATKINS LLP John R. Hayes (Illinois SBN 6286365) (admitted pro hac vice) [email protected] 233 South Wacker Drive, Suite 5800 Chicago, Illinois 60606 Telephone: (312) 876-7700 Facsimile: (312) 993-9767 SEYFARTH SHAW LLP Andrew M. Paley (California SBN 149699) (admitted pro hac vice) [email protected] 2029 Century Park East, Suite 3300 Los Angeles, California 90067-3063 Telephone: (310) 277-7200 Facsimile: (310) 201-5219 Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA IN RE ALLSTATE INSURANCE CO. FAIR LABOR STANDARDS ACT LITIGATION MDL NO. 1541 MDL NO. 1541 ALL CASES STIPULATION AND PROPOSED ORDER RE WITHDRAWAL OF CONSENT TO JOIN FORM OF EDWARD CZARNECKI Assigned to the Hon. Paul G. Rosenblatt [Proposed Order filed concurrently herewith] Defendants Allstate Insurance Company ("AIC"), Allstate Property and Casualty
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Case 2:03-md-01541-PGR

Document 203

Filed 10/17/2007

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Insurance Company ("AP&C") and Allstate Indemnity Company ("Indemnity") (collectively, "Defendants" or "Allstate"), and counsel for opt-in Plaintiff Edward Czarnecki ("Czarnecki"), having met and conferred regarding the Withdrawal of Consent to Join Form of Edward Czarnecki filed herein on August 14, 2007 ("Czarnecki's Withdrawal"), hereby jointly propose the following stipulation and order regarding Czarnecki's Withdrawal: [Background] 1. On August 14, 2007, Mr. Czarnecki filed his Withdrawal with the Court.

The Withdrawal was dated June 30, 2007. 2. On September 12, 2007, this Court held a status conference with the parties

where it was decided the parties would brief the Court on the withdrawals of the opt-in Plaintiffs. Allstate specifically objected to the attempted withdrawal of Czarnecki because his withdrawal was not filed until after the Summary Judgment Order recently issued by this Court. 3. On October 3, 2007, Allstate filed two motions regarding the potential

withdrawals of the Plaintiffs in this action, one entitled Defendants' Motion to Determine Basis on which Plaintiffs should be Permitted to Dismiss Claims ("Motion re: Dismissal") and one entitled Defendants' Motion to Strike the Withdrawal of Consent to Join Form of Edward Czarnecki ("Motion to Strike"). Both of these motions are now pending before the Court. [Stipulation and Proposed Order] 4. Allstate and Czarnecki agree and jointly move the Court as follows: (a) Czarnecki's Withdrawal should be deemed stricken and Czarnecki's

claims against Allstate under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. ("FLSA") should be dismissed without prejudice based on 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 under the FLSA against Allstate for any events that occurred during his employment with Allstate
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up to the date of this stipulation; (b) Allstate and Czarnecki agree that the above dismissal of Czarnecki's

claims in this case is not a decision on the merits; (c) Allstate and Czarnecki agree that this stipulation and the order

resulting from it shall have no effect on any other 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.); (d) Allstate and Czarnecki agree that Allstate's Motion to Strike should

be withdrawn and taken off the calendar; (e) Allstate and Czarnecki agree that Allstate's Motion re: Dismissal is

moot as to Czarnecki; and (f) Allstate and Czarnecki agree and request that the Court spread their

stipulation of record, and that the Court accordingly enter the agreed draft order attached hereto.

DATED this 17th day of October, 2007. By: s/Joel E. Krischer Joel E. Krischer LATHAM & WATKINS LLP Attorneys for Defendants By: s/Michael Hilicki Michael Hilicki LAWRENCE WALNER & ASSOCIATES, LTD. Attorneys for Edward Czarnecki

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