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BUY v. HMSHOST CORPORATION, 2:15-CV-00628-JAD-VCF. (2016)

Court: District Court, D. Nevada Number: infdco20160106c30 Visitors: 9
Filed: Jan. 04, 2016
Latest Update: Jan. 04, 2016
Summary: ORDER JENNIFER A. DORSEY , District Judge . STIPULATION OF DISMISSAL Plaintiffs Sophal Buy, Daniel Dixon, and Michele Simpson ("Plaintiffs") previously opted into the conditionally certified collective action Stevens v. HMSHost Corp. , No. 10-CV-3571 (ILG) (VVP). After the Stevens court granted Defendants' motion for decertification, Plaintiffs brought the instant action. Additional Stevens opt-ins have filed individual cases across the country. Recently, the parties in Stevens ag
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ORDER

STIPULATION OF DISMISSAL

Plaintiffs Sophal Buy, Daniel Dixon, and Michele Simpson ("Plaintiffs") previously opted into the conditionally certified collective action Stevens v. HMSHost Corp., No. 10-CV-3571 (ILG) (VVP). After the Stevens court granted Defendants' motion for decertification, Plaintiffs brought the instant action. Additional Stevens opt-ins have filed individual cases across the country.

Recently, the parties in Stevens agreed to a global settlement in principle. The settlement will resolve, inter alia, this matter and all currently pending cases arising out of the Stevens case.

Plaintiffs and Defendants, HMSHost Corporation and Host International, Inc., do hereby stipulate that in light of the global settlement reached among the parties, this matter shall be dismissed without prejudice subject to court approval of the global settlement by the Stevens court, and in the event that approval is not obtained, subject to reinstatement in this Court. The parties further stipulate and agree that should this case be reinstated, the statute of limitations period for each Plaintiff who reinstates his or her case will, subject to the toll of the statute of limitations in place while said Plaintiff was a member of the conditionally certified Stevens class, relate back to the date of the original filing of this action.

Respectfully submitted this 4th day of January, 2016.

ORDER

Based on the parties' stipulation, IT IS HEREBY ORDERED this action is DISMISSED without prejudice, each side to bear its own fees and costs. The Clerk of Court is instructed to close this case.

Source:  Leagle

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