Free Stipulation - District Court of Delaware - Delaware

Case 1 :07-cv-00350-JJF-I\/IPT Document 9 Filed 09/11/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
F OR THE DISTRICT OF DELAWARE
KENNETH C. SWANN and REBECCA
SWANN,
{ Plaintiffs,
C.A. No. 07-350-***
v.
DIAMOND STATE PORT CORPORATION,
Defendant.
STIPULATION FOR ENTRY OF CONSENT JUDGMENT I
WHEREAS on June 6, 2007, plaintiffs/counterclaim defendants Kenneth C.
Swann and Rebecca Swann (collectively "Plaintiffs") filed this action, asserting claims under
29 U.S.C. § ll6l et seq.; (
WHEREAS on August 6, 2007, defendant/counterclaim plaintiff Diamond
State Port Corporation ("Defendant") filed its answer to Plaintiffs’ complaint, denying the
allegations therein, and also filed a counterclaim, seeking to recover pay and benefits
Defendant provided to Plaintiff Kenneth Swami within the 3-year period preceding the date
of the counter—claim;
WHEREAS on August I6, 2007, without admitting liability, Defendant served
Plaintiffs with an offer of judgment, in which Defendant offered to allow a judgment to be
taken against it in the amount of $4,500, together with costs (including attorneys fees) accrued
to date (see Exhibit A hereto);
WHEREAS Defendant’s offer of judgment provided that if Plaintiffs accepted
the offer of judgment, Defendant would voluntarily dismiss its counterclaim without
prejudice to its right to re—iile it at a later date in a Delaware state court;

Case 1:07-cv-00350-JJF-I\/IPT Document 9 Filed 09/11/2007 Page 2 of 2
WHEREAS on September 7, 2007, Plaintiffs accepted Defendant’s offer of
judgment (see Exhibit B hereto);
WHEREAS based on Plaintiffs’ acceptance of the offer of judgment,
Defendant consents to the dismissal of its counterclaim without prejudice; and
WHEREAS the parties agree that reasonable costs and attomeys fees for
Plaintiffs are $3,000.
IT IS HEREBY STIPULATED by the parties, subject to the approval of the
Court, that the Consent Judgment attached hereto as Exhibit C may be entered by the Court.
ABER, GOLDLUST, BAKER & OVER MORRIS, NICHOLS, ARSHT & TUNNELL LLP
/5/ QERYW MER /s/J/xsow/21. CIWCJLLA
Gary W. Aber (# 754) Jason A. Cincilla (# 4232)
702 King Street, Suite 600 1201 North Market Street, 18th Floor
P.O. Box 1675 P.O. Box 1347
Wilmington, Delaware 19899-1675 Wilmington, Delaware 19899-1347
(302) 472-4900 (302) 658-9200
Attorneys for Plczintwfs Attorneys for Defendant
Dated: September ll, 2007
1230072vl

Case 1:07-cv-00350-JJF—IV|PT Document 9-2 Filed 09/11/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KENNETH C. SWANN and REBECCA ‘
SWANN,
Plaintiffs,
C.A. No. 07-350-***
v.
DIAMOND STATE PORT CORPORATION,
Defendant.
|PROPOSED| CONSENT JUDGMENT
The Court, pursuant to the stipulation of the parties, hereby ORDERS,
ADJUDICATES, and DECREES that final judgment shall be and hereby is entered on the
Complaint as follows:
A. Judgment is hereby entered in favor of Plaintiffs and against Defendant in
the total amount of $7,500, which amount includes costs and attorneys’ fees; A
B. Defendant’s counter-claim is hereby dismissed without prejudice.
IT IS SO ORDERED, ADJUDICATED, AND DECREED.
Dated: , 2007
United States District Judge