The opinion of the court was delivered by: The Honorable Richard Seeborg United States District Judge
STIPULATION FOR DISMISSAL WITH PREJUDICE OF CERTAIN PLAINTIFFS' CLAIMS AGAINST CINTAS CORPORATION AND ORDER THEREON
WHEREAS, on March 19, 2003, plaintiffs filed Veliz v. Cintas Corporation, Case No. C-03- 1180-SBA, in the United States District Court for the Northern District of California ("Veliz Action") against defendants (collectively "Cintas"), alleging that Cintas had failed to pay all overtime wages due under the FLSA and certain state laws and deprived them of certain benefits protected by ERISA;
WHEREAS, certain Veliz Action plaintiffs have now determined to dismiss with prejudice their respective causes of action and/or claims against Cintas as set out in the Veliz action;
1. The litigating Veliz Action plaintiffs identified on Schedule A, attached hereto and incorporated by reference, hereby withdraw and dismiss with prejudice, all causes of action and claims made in Veliz v. Cintas Corporation, N.D. Cal., Case No. C-03-1180-RS.
2. Neither this stipulation nor the order of dismissal thereon shall constitute or imply any admission, concession or adjudication by any party regarding any claim raised in or by the Veliz
3. This stipulation may be executed in counterparts and the executed counterparts may be exchanged electronically or by facsimile, but all such counterparts taken together shall constitute but one and the same stipulation.
4. Each party shall bear its own costs, attorneys' fees and litigation expenses related solely to the prosecution and defense of the withdrawing plaintiffs' claims in the Veliz Action.
NOW THEREFORE, the parties, through their respective counsel of record, hereby stipulate:
5. This stipulation constitutes the entire agreement of the parties.
COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP THEODORE J. PINTAR STEVEN W. PEPICH JAMES A. CAPUTO LAWRENCE A. ABEL ELISABETH A. BOWMAN MARY LYNNE CALKINS s/ STEVEN W. PEPICH 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619/231-1058 619/231-7423 (fax)
COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP ALBERT H. MEYERHOFF 9601 Wilshire Blvd., Suite 510 Los Angeles, CA 90210 Telephone: 310/859-3100 310/278-2148 (fax) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP NANCY M. JUDA 1100 Connecticut Avenue, N.W., Suite 730 Washington, DC 20036 Telephone: 202/822-6762 202/828-8528 (fax)
ALTSHULER BERZON LLP MICHAEL RUBIN EILEEN GOLDSMITH 177 Post Street, Suite 300 San Francisco, CA 94108 Telephone: 415/421-7151 415/362-8064 (fax) TRABER & VOORHEES THERESA M. TRABER 128 No. Fair Oaks Avenue, Suite 204 Pasadena, CA 91103 Telephone: 626/585-9611 626/577-7079 (fax) Attorneys for Plaintiffs
SQUIRE, SANDERS & DEMPSEY, L.L.P. MARK C. DOSKER ...