John Mitchell v. Medtronic Inc

Filing 48

JUDGMENT entered by Judge Michael W. Fitzgerald in favor of Plaintiff John Mitchell and against Medtronic, Inc., pursuant to the Notice of Acceptance of Offer of Judgment 47 and F.R.C.P. 68. (MD JS-6, Case Terminated) (cw)

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fifth claims for relief in his Second Amended Complaint premised on the

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alleged failure to provide adequate meal periods, including any injunctive

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relief, penalties, interest, costs and/or attorneys' fees associated with those

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claims.

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3. Plaintiff retains all rights to appeal individual and class claims that were

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dismissed by this Court's February 13, 2015 Order granting Medtronic's

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motion to dismiss, specifically, the first and third claims for relief in plaintiffs

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Second Amended Complaint, and the fourth and fifth claims for relief that are

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predicated, in part, on Medtronic's alleged failure to include missed meal

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period premium payments in its calculation of the "Regular Rate of Pay." (Dkt.

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No. 45.) In particular, plaintiff retains any right to appeal the final judgment as

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it relates to any claims covered by the February 13, 2015 Order and retains all

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rights to any subsequent damages, interests, costs and/or attorney's fees

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relating to those claims. Medtronic is not agreeing that any such appeal by

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plaintiff has merit. Plaintiff will retain a personal stake only in the individual

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and class claims dismissed by the February 13, 2015 Order.

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4. Medtronic’s Offer was made for the purposes specified in Rule 68 of the

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Federal Rules of Civil Procedure and is not an admission that Medtronic is

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liable in this action or that plaintiff has suffered any damage.

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DATED: May 15, 2015

By: ________________________________________

HON. MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

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