Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:04-cv-01295-LTB-CBS

Document 271-2

Filed 02/15/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:04-cv-01295-LTB-CBS BETTY GALLEGOS, BERTHA PACHECO, LAURA REYES, MANUELA ARRAS, DAVID ZUBIA, ANTONIO MEZA, JESUS ARENIVAR, ALBA BARRIOS, GLORIA CAMPOS, REYNEL CARMONA, SILVIA CRUZ, JESUS ESTRADA, MARIA ISABEL FLORES, JORGE MARTINEZ, MARIA MCREYNOLDS, IGNACIO RANGEL, JUANA ROSALES, MARIA TOVAR, ANTELMO ZUNUN, MARIA ALVA, PETRONA COREAS, MARIA ESTEVEZ, ALFREDO PINEDA, CARMEN LUNA, PATTY LEHMKUHL & LUIS OCHOA, Plaintiffs, v. SWIFT & COMPANY, Defendant. ______________________________________________________________________________ ORDER OF DISMISSAL ______________________________________________________________________________ This matter comes before the Court on the Stipulated Motion of the Parties for Dismissal with Prejudice. The Court having reviewed the Motion and the file in this case and being fully advised in the premises, hereby finds and Orders:

employ\order of dismissal.doc

Case 1:04-cv-01295-LTB-CBS

Document 271-2

Filed 02/15/2007

Page 2 of 2

1. States. 2.

Swift & Company is a processor of beef and pork products throughout the United

Plaintiffs are all current or former employees of Swift & Company's Greeley,

Colorado, beef processing plant. 3. All Plaintiffs were initially placed on medical leave of absence pursuant to

Defendant's valid and lawful "Restricted Duty, Return to Work Policy" which was implemented in 2003. 4. Plaintiffs claimed that in applying the policy, they were placed on medical leave

of absence in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. and the Colorado Civil Rights Act, C.R.S. § 24-34-401 et seq. 5. All parties agree that further litigation of this matter would not serve their

interests and therefore have agreed to a final and binding settlement that resolves all issues in this case. The parties having resolved all issues and having stipulated to dismissal of all claims with prejudice with all parties to pay his, her or its own attorney fees and costs, it is Ordered that the case be dismissed with prejudice. Ordered this ___ day of February, 2007.

________________________________________ Chief Judge, U.S. District Court

employ\order of dismissal.doc