Free Stipulation - District Court of Federal Claims - federal

Case 1:90-cv-00162-LJB

Document 634

Filed 03/21/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) STEPHEN S. ADAMS, et al., ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

Case No. 90-162C and consolidated cases (Judge Lynn J. Bush)

STIPULATION OF PARTIAL DISMISSAL Pursuant to RCFC 41 (a)(1)(ii), the parties stipulate to the partial dismissal of certain claims asserted in these consolidated civil actions pursuant to, and in accordance with, the terms of a partial settlement agreement entered into by the parties on March 19, 2007. The claims encompassed by the above-referenced partial settlement agreement and by this stipulation of partial dismissal are plaintiffs' claims for compensation under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"), while employed as grade 9 through 12 Marine Enforcement Officers within occupational series 1801 by the United States Customs and Border Protection within the Department of Homeland Security and/or its predecessor the United States Customs Service. The partial settlement agreement does not cover plaintiffs' FLSA claims for the time solely spent driving a Government vehicle between home and work.

Case 1:90-cv-00162-LJB

Document 634

Filed 03/21/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/Jules Bernstein JULES BERNSTEIN Bernstein & Lipsett, P.C. 1920 L Street, N.W. Suite 303 Washington, D.C. 20036 OF COUNSEL: LINDA LIPSETT Tel: (202) 296-1798 Fax: (202) 296-7220

s/Jeanne E. Davidson JEANNE E. DAVIDSON Director

s/Edgar N. James EDGAR N. JAMES James & Hoffman, P.C. 1101 17th Street, N.W. Suite 510 Washington, D.C. 20036 Tel: (202) 496-0500 Fax: (202) 496-0555 Attorneys for Plaintiffs Dated: March 21, 2007

s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Washington, D.C. 20036 Tel: (202) 616-8275 Fax: (202) 305-7643 OF COUNSEL: Michael J. Dierberg William Rayel Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Attorneys for Defendant Dated: March 21, 2007

Filed Electronically with the consent of the Attorneys for Defendant

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Case 1:90-cv-00162-LJB

Document 634

Filed 03/21/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 21st day of March 2007, a copy of the foregoing "STIPULATION OF PARTIAL DISMISSAL" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Jules Bernstein