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Labor: Fair Standards | New York Southern
Stipulation and Order of Voluntary Dismissal
ORDER AND STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(l)(A)(ii): IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice, in its entirety against Defendant pursuant to the Federal Rules of Civil Procedure 41(a)(l)(A)(ii). IT IS FURTHER STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that: 1. The Settlement Amount (as defined in the Settlement Agreement and Release dated July 26, 2019 ("Settlement Agreement")), has been deposited into the Plaintiffs counsel's escrow account (undefined terms used herein shall have the same meaning as set forth in the Settlement Agreement); 2. Collective certification for the 80 members of the Collective Class (including Named Plaintiff, listed in Exhibit A attached hereto) is granted, as specified in the Settlement Agreement, and the claims of all such Collective Class Members asserted in this lawsuit are hereby dismissed, with prejudice, in accordance with the terms and conditions of the Settlement Agreement, including without limitation those asserted claims of the Collective Class Members arising under the Fair Labor Standards Act; 3. Settlement Checks will be mailed to the Collective Class Members by Collective Class Counsel within 30 days after the Final Effective Date, as defined in the Settlement Agreement; 4. Attorneys' fees of $25,000 (inclusive of any and all expenses and costs), as specified in the Settlement Agreement, are approved; and 5. The case is hereby closed and dismissed in its entirety. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/23/2020) (kv) Transmission to Finance Unit (Cashiers) for processing.
Memo Endorsement
MEMO ENDORSEMENT on re: 262 Letter filed by Emanuel Garcia. ENDORSEMENT: Counsel did not provide the Court with a copy of Exhibit 1. Thus, Counsel are directed to submit the unredacted time records and itemized list of costs to the Chambers' email by January 27, 2020. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 1/23/2020) (js)
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