October 13, 2005.
RYAN BERRY, JEFF ADAMS, KEN ADDISON, RON ASHFORD, ERIC BAKULICH, JOSHUA BARNHART, ANDREW BAUMBACH, ALLAN D. BEATON, MICHAEL BENNETT, MARK R. BERKLER, JOSEPH F. BERTONI, III, JOSEPH F. BERTONI, IV, LAURIE BETTENCOURT, DANIEL A. BLAIR, VAN BOGARDUS, SAGE BOORASSA, JOHN "KEVIN" BORDEN, MARK BRACCO, ROBERT BRODOVSKY, DAVID BROSE, JEFFERY BROWN, SCOTT BRYAN, ROGER BRYANT, ROBERT E.BUMPUS, JOHN A. CALIGUIRE, FRED CAREY, DEBRA LYNNE CARLTON, DESIREE CARRINGTON, WALTER A. CHATHAM, GREGORY S. CHINN, JOHN P. CIRINNA, DAVID J. CLARK, EDWARD K. CLARK, TY CONNERS, SHIRLEY A. COX, DAVID J. CRAWFORD, MICHAEL DAVIS, ROBERT DELLINGER, MARK D. FAIN, LAKSHAN DE SILVA, FRANK DOMEIER, JASON DOOLITTLE, SCOTT DOW, RAYMOND P. EDISON, SCOTT J. ELLIS, DAVID ERIKSEN, GILBERT M. FARRULLA, KEVIN M. FITZGERALD, ANGELA FORD, JOHN R. FORD, ROBERT M. FRANZ, STEVEN M. FRICK, GREGORY GAUGHAN, GREG GILBERG, JOHN GIOVANNINI, CHRIS GLASPELL, BEN GLAU, ROBERT GRIGGS, ALFREDO GUITRON JR., WILL HAFELFINGER, MATTHEW RAY HARDCASTLE, TIM HARRISON, RICK HARROUN, RHONDI HAYES, JOSEPH HERRICK, JACK HICKEY, CARLOS M. HOLGUIN, DAYNA HOLLOWAY, GREGG A. HOPPING, ARLIE K. HUBINS, JAMES T. HUDSON, DAVID HUNT, NANCY T. HUNTLEY, DAVID L. JOHNSON, DENNIS KEMPER, TROY KENNEY, PHILLIP KEON, WILLIAM D. KLEPPE, JOHN LASAGNA, HEATHER LAWRENCE, TIM LEWANDOWSKI, WILLIAM C. LICHTY, JASON V. LOCKHART, PAUL DAVID LONG, DAVID LOPES, JOSEPH D. LOPEZ, HERMILA LOPEZ-TIGHE, ERIC J. LOPIN, MICHAEL LYKE, BRADLEY McKENZIE, BENJAMEN F. MACHADO, JAMES MALLERY, THOMAS MAROIS, RICKY MARTINO, SHANE A. MATHIAS, GLENN McNAMA, RICHARD MICHAEL MECUM, DENNIS D. MEEH, DANIEL MEIER, DON MURCHISON, JOE M. NUNES, MITCHELL OLSON, THOMAS ORSOLINI, BRIAN C. OWENS, RANDY J. OWENS, RYAN L. OWENS, RANDOLPH J. PADILLA, RICHARD E. PADILLA, STEVEN L. PARK, JESS PHARISS, ROBERT PIRRE, DONALD POLLOCK, JOHN PORETTI, JEFFREY D. POTTER, CHRIS RAFFETTO, DAVID POWERS, WILLIAM "JASON" PRAHL, KATHRYN RAFFETTO, BATINE RAMIREZ, NELSON RESENDES, JOHN RIELLA, JENNIFER RIGGS, MARK ROSSO, JUDSON RUIZ, JOHN SAVAGE, CONNIE SCHMIDT, STEVEN SCHMIDT, RICHARD SCHNOOR, ANDREW SCOTT, MICHAEL A. SEIPERT, SR., BRIAN L. SILVA, TREK SINCLAIR, VICTORIA SKELLINGER, STEVE M. SLATTERY, DARRELL STEINHAUER, ROBERT S. SWANSON, DIANA STEWART, JEFFREY E. SWEARINGEN, ROBERT L. TARABETZ JR., ARTHUR THOMAS, HELEN THOMPSON, KEVIN THOMPSON, RICHARD TIGHE, JOSHUA TINDALL, BRYAN J. URQUIDEZ, MATT WAGNER, KURT B. WALKER, CAROL WALSH, WILLIAM WALTON, MARK WEISMAN, DARYAN WEST, BRIAN WHIGAM, BRUCE WILSON, DEBORAH WILSON, CHRISTINA WOO, WAYNE WOO, acting for themselves and others similarly situated, Plaintiffs,
COUNTY OF PLACER, Defendant.
The opinion of the court was delivered by: MORRISON ENGLAND JR., District Judge
STIPULATION RE APPROVAL OF SETTLEMENT AGREEMENT AND DISMISSAL
WITH PREJUDICE AND ORDER THEREON
The parties to the above captioned action hereby stipulate as
1. Plaintiffs Ryan Berry et al. (collectively "Plaintiffs") are
presently or were previously employed as Deputy Sheriffs by the
Defendant County of Placer ("Defendant"). Plaintiffs and the
Defendant shall be collectively referred to as "Parties" herein.
2. Plaintiffs filed the above captioned action ("Action") on
behalf of themselves and others similarly situated arising out of
certain events that allegedly occurred during their employment as
3. Plaintiffs' First Amended Complaint to the action for
violation of the Fair Labor Standards Act ("Complaint"), alleges
violations of the Fair Labor Standards Act (29 U.S.C. § 201 et
seq.) ("FLSA") and California Wage and Hour law. The Complaint
seeks recovery of allegedly unpaid overtime, liquidated damages,
attorneys fees and costs. The Court has jurisdiction over the
subject matter of this action and over the parties.
4. The County filed an Answer to the First Amended Complaint
denying its material allegations and asserting affirmative
defenses thereto. 5. The Court has not certified the Action as a collective
action nor has notice been sent to any potential class members
providing them with the opportunity to either "opt-in" or
"opt-out" of the Action.
6. The Parties dispute the applicability of the FLSA to the
facts as alleged in the Complaint.
7. The Parties have engaged in extensive negotiations in an
attempt to resolve their differences, and throughout these
negotiations all Parties were, and continue to be, represented by
counsel experienced in wage and employment matters.
8. The Parties wish to avoid the potential uncertainty, expense
and delay of litigation and have therefore, based upon their
extensive negotiations, agreed to a settlement which all the
Parties, upon consultation with counsel, believe provides for a
fair, reasonable and just resolution of the Parties' dispute. The
terms of the Parties' agreement are embodied in the Settlement
Agreement and General Release of All Claims ("Settlement
Agreement") which all Parties have executed. A copy of the
Settlement Agreement and Exhibits is attached hereto and
9. Plaintiffs' potential recovery at trial, if any, remains
unknown, but the Parties believe that the terms of the Settlement
Agreement are consistent with and within the range of any
reasonable result ...
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