UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
July 28, 2008
DERRICK SATCHELL, KALINI BOYKIN, VALERIE BROWN, RICK GONZALES, CYNTHIA GUERRERO, RACHEL HUTCHINS, TYRONE MERRITT, KELVIN SMITH, SR., AND KEN STEVENSON, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
FEDEX EXPRESS, A DELAWARE CORPORATION, DEFENDANT.
The opinion of the court was delivered by: The Honorable Susan Illston
REQUEST FOR ORDER OF DISMISSAL AND [proposed] ORDER
Pursuant to Federal Rule of Civil Procedure ("FRCP") 41 and this Court's Order Granting Defendant's Motion for Counterclaim and Interpleader Relief of July 8, 2008, Plaintiffs Derrick Satchell, Kalini Boykin, Valerie Brown, Rick Gonzales, Cynthia Guerrero, Rachel Hutchins, Tyrone Merritt, Kelvin Smith, Sr., and Ken Stevenson hereby file this Request for Order of Dismissal of their non-class claims with prejudice.
Pursuant to the Request, the Court ORDERS as follows:
The non-class claims of Plaintiffs Derrick Satchell, Kalini Boykin, Valerie Brown, Rick Gonzales, Cynthia Guerrero, Rachel Hutchins, Tyrone Merritt, Kelvin Smith, Sr., and Ken Stevenson are hereby dismissed with prejudice.
To the extent that Mr. McCoy may be subject to an award of reasonable attorneys' fees and costs relating to the dispute resolved by this Court's Order of April 2, 2008, any firms seeking such an award shall do so in conformance with FRCP 54 and Local Rule 54. Any such application shall be filed by no later than _________________.
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