UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
January 21, 2009
PAUL VELIZ, ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
CINTAS CORPORATION, AN OHIO CORPORATION, ET AL, DEFENDANTS.
The opinion of the court was delivered by: The Honorable Richard Seeborg United States Magistrate Judge
CLASS ACTION STIPULATION FOR DISMISSAL WITH PREJUDICE OF PLAINTIFF ANTHONY HAMILTON'S CLAIMS AGAINST CINTAS CORPORATION AND ORDER THEREON E-Filing
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, Plaintiff Anthony Hamilton ("Hamilton") opted in to the Veliz Action but has now determined to dismiss with prejudice his causes of action and/or claims against Cintas as set out in the Veliz action;
NOW THEREFORE, the parties, through their respective counsel of record, hereby stipulate:
1. Plaintiff Hamilton hereby withdraws and dismisses 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 Action.
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 plaintiff's claims in the Veliz Action.
5. This stipulation constitutes the entire agreement of the parties.
IT IS SO STIPULATED.
Under Federal Rule of Civil Procedure Rule 41(a)(1), this Court has reviewed the parties' stipulation and good cause appearing therefor, hereby approves the withdrawal of Plaintiff Anthony Hamilton and the dismissal with prejudice of his causes of action and claims.
IT IS SO ORDERED.
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