Free Stipulation of Dismissal - District Court of Delaware - Delaware

Case 1 :07-cv-00359-JJ F-l\/I PT Document 28 Filed 12/21 /2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
and others similarly situated )
Plaintiff, g
) Civil Action No. 07-3 59-**
V- g FLSA Collective Action
ASTRAZENECA PHARMACEUTICALS )
LP, )
Defendant. g
STIPULATION OF DISMISSAL OF ACTION WITH PREJUDICE
Pursuant to Rule 4l(a)(l) of the Federal Rules of Civil Procedure, Plaintiff Timothy
Carson ("Plaintit`f’) and Defendant AstraZeneca LP, sued here as AstraZeneca Pharmaceuticals
LP ("Defendant”), by and through their respective counsel of record, enter into the following
stipulation:
l. The above-captioned action is hereby dismissed with prejudice pursuant to Rule
4l(a)(l) ofthe Federal Rules of Civil Procedure.
2. Plaintiff` s counsel (herein defined as undersigned counsel below and Gillespie,
Roxen, Watsky & Jones P.C.) are seeking a substitute plaintiff to retile this nationwide FLSA
collective action against Defendant. Any retiling ofthe FLSA collective action against
Defendant shall be in the District of Delaware. Defendant reserves all defenses in the event of a
retiling of the FLSA collective action case.
3. Any retiled FLSA collective action tiled by Plaintiff s counsel against Defendant
will be litigated in accordance with the procedural structure and stages as set forth in the Court’s
Scheduling Order of September l2, 2007. This includes but is not limited to the deadline
intervals between the parties’ briefs and the duration of the opt-in period.
- 1 -
LAI-29l7849v2

Case 1 :07-cv-00359-JJF-l\/IPT Document 28 Filed 12/21/2007 Page 2 of 3
4. Each party will bear its own costs and attorney’s fees, except that Plaintiff has
agreed to reimburse travel costs (air fare and hotel expenses, including cancellation fees)
incurred by AstraZeneca for the trip by two of Det`endant’s attorneys to Delaware for certain
November 2007 depositions in this case that did not take place. The estimated cost is $5,000,
which will be itemized. 0
5. Plaintiff s counsel (or associated counsel) will be permitted to use the documents
produced in this action in other misclassitication actions against AstraZeneca, provided that they
comply with the stipulated protective order in this action, and stipulated protective order(s) in
any other misclassitication actions against AstraZeneca. Defendant need not produce documents
in other misclassitication actions against AstraZeneca that were already produced in this action.
The parties agree that the stipulated protective order in this action shall remain in effect.
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
- 2 -
LA;-zsivzasvz

Case 1 :07-cv-00359-JJF-l\/IPT Document 28 Filed 12/21/2007 Page 3 of 3
Dated: December Q2 2007 gl %
, ; . , .
2 ,3/ ,- rg/V,/~
anyf 0 S on, III ff
Jones
555 South Flower St et
Fiiiieth Floor
Los Angeles, CA 90071-2300
Telephone: (213) 489-3939
Facsimile: (213) 243-2539
Counsel for Defendant
ASTRAZENECA LP
Dated: December §j_, 2007
/s/ George R. Kingsley
George R. Kingsley
Eric B. Kingsley
Gregory E. Givens
KINGSLEY & KINGSLEY, APC
16133 Ventura Blvd., Suite 1200
Encino, California 91436
Tel: (818) 990-8300
Counsel for Plaintiff
TIMOTHY CARSON
ORDER
The parties having stipulated to the foregoing and good cause appearing, IT IS SO
ORDERED.
Dated:
( United States Magistrate Judge )
- 3 -
Lai-zaivmsvz