Filed: Jun. 03, 2016
Latest Update: Jun. 03, 2016
Summary: ORDER GRANTING PLAINTIFFS' [15] UNOPPOSED MOTION TO DISMISS HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT is the Unopposed Motion to Dismiss [15] filed by Plaintiffs Brent Thames, Ronald Clanton, Kyle Misko, Travis Bragg, Adam Rondall, Gerald Bailey, Steve Booker, Mark Ciesielski, Scott Gregory, Kenneth Hooks, Robert Hudson, III, Glen Lawrence, Timothy Spence, William Walters, Randall Weaver, and David Wieniewitz ("Plaintiffs"). The sixteen named Plaintiffs filed their Complai
Summary: ORDER GRANTING PLAINTIFFS' [15] UNOPPOSED MOTION TO DISMISS HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT is the Unopposed Motion to Dismiss [15] filed by Plaintiffs Brent Thames, Ronald Clanton, Kyle Misko, Travis Bragg, Adam Rondall, Gerald Bailey, Steve Booker, Mark Ciesielski, Scott Gregory, Kenneth Hooks, Robert Hudson, III, Glen Lawrence, Timothy Spence, William Walters, Randall Weaver, and David Wieniewitz ("Plaintiffs"). The sixteen named Plaintiffs filed their Complain..
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ORDER GRANTING PLAINTIFFS' [15] UNOPPOSED MOTION TO DISMISS
HALIL SULEYMAN OZERDEN, District Judge.
BEFORE THE COURT is the Unopposed Motion to Dismiss [15] filed by Plaintiffs Brent Thames, Ronald Clanton, Kyle Misko, Travis Bragg, Adam Rondall, Gerald Bailey, Steve Booker, Mark Ciesielski, Scott Gregory, Kenneth Hooks, Robert Hudson, III, Glen Lawrence, Timothy Spence, William Walters, Randall Weaver, and David Wieniewitz ("Plaintiffs"). The sixteen named Plaintiffs filed their Complaint [1] under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., on November 25, 2015, on behalf of themselves and all others similarly situated, and simultaneously filed their written consents [1-1] to become parties to the collective action pursuant to 29 U.S.C. § 216(b). Compl. [1] at 1; see also 29 U.S.C. § 216(b).
Plaintiffs now ask the Court, pursuant to Federal Rule of Civil Procedure 41(a)(2), "to dismiss all claims in the captioned action, without prejudice, each party to bear its own costs and attorneys' fees." Mot. [15] at 1. According to Plaintiffs, Defendant Chevron U.S.A., Inc. ("Defendant") "has been consulted and has confirmed that it has no objection to this motion." Id. After due consideration of the Motion, the record, and relevant legal authority, the Court finds that Plaintiffs' Unopposed Motion to Dismiss [15] should be granted, and that all of Plaintiffs' claims against Defendant should be dismissed without prejudice pursuant to Rule 41(a)(2).1 Each party shall bear its own costs and attorneys' fees.
IT IS, THEREFORE, ORDERED AND ADJUDGED that, Plaintiffs' Unopposed Motion to Dismiss [15] is GRANTED.
IT IS, FURTHER, ORDERED AND ADJUDGED that, Plaintiffs' claims against Defendant Chevron U.S.A., Inc., are DISMISSED WITHOUT PREJUDICE, with each party to bear its own costs and attorneys' fees.
SO ORDERED AND ADJUDGED.
