Veliz et al v. Cintas Corporation et al

Filing 1102

ORDER re #1101 Stipulation filed by Plan Administrator for the Cintas Partners' Plan, Cintas Corporation. Signed by Judge Richard Seeborg on 12/17/08. (rssec, COURT STAFF) (Filed on 12/17/2008)

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LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP THEODORE J. PINTAR (131372) STEVEN W. PEPICH (116086) JAMES A. CAPUTO (120485) LAWRENCE A. ABEL (129596) 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] -andALBERT H. MEYERHOFF (54134) 9601 Wilshire Blvd., Suite 510 Los Angeles, CA 90210 Telephone: [phone] Fax: [phone] [e-mail] -andNANCY M. JUDA 1100 Connecticut Avenue, NW, Suite 730 Washington, DC 20036 Telephone: [phone] Fax: [phone] [e-mail] Attorneys for Plaintiffs [Additional counsel appear on signature page]

*E-FILED 12/17/08*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PAUL VELIZ, et al., On behalf of Themselves and All Others Similarly Situated, Plaintiffs, vs. CINTAS CORPORATION, an Ohio corporation; PLAN ADMINISTRATOR for the Cintas Partners' Plan; and DOES 1-25, inclusive, Defendants. Case No. 03-01180 RS [E-FILING] CLASS ACTION STIPULATION AND [PROPOSED] ORDER REGARDING RELEASE OF CLAIMS ARISING FROM PREVIOUS CLASS ACTION SETTLEMENT AND ORDER THEREON

STIPULATION REGARDING RELEASE OF CLAIMS ARISING FROM CLASS ACTION SETTLEMENT, CASE NO. 03-01180

CASE NO. 03-01180

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WHEREAS, on March 19, 2003, plaintiffs filed Veliz v. Cintas Corporation, Case No. C03-1180-RS, in the United States District Court for the Northern District of California ("Veliz Action") against defendants (collectively "Cintas"), alleging that Cintas had failed to pay all overtime wages due under the FLSA and certain state laws and deprived them of certain benefits protected by ERISA; WHEREAS, Cintas contends that certain Veliz Action plaintiffs' claims are barred or limited by a Class Action Settlement entered by the Los Angeles County Superior Court on February 5, 2003 in the related cases Vaca et al. v. Cintas Corp., Case No. BC 250459 and Barajas et al. v. Cintas Corp., Case No. BC 251276; NOW THEREFORE, the parties, through their respective counsel of record, hereby stipulate: 1. The plaintiffs listed in Schedule A to this Stipulation hereby acknowledge that, by

virtue of the Class Action Settlement described above, they have released any and all claims, known or unknown, for any failure to compensate for overtime up through and including June 1, 2002, under California or other state law or federal statute, ordinance, regulation, common law or other source of law, whether or not such claims are in the nature of back pay, damages, penalties, attorneys' fees and/or injunctive relief, whether in contract, tort, or pursuant to a statutory remedy, including, but not limited to any claims that were or could have been brought for unpaid wages and penalties under any of the following: (1) California Labor Code sections 1194 et seq.; California Labor code sections 201 et seq.; California Labor Code Sections 500 et seq.; the applicable wage orders of the California Industrial Welfare Commission; and the Fair Labor Standards Act, 29 U.S.C. §201 et seq.; (2) any claims for conversion of overtime compensation or pay; (3) any claims for unfair business practices (including unlawful, deceptive, or unfair business practices prohibited by the California Business and Professions Code sections 17200 et seq.) relating in any way to a failure to pay overtime compensation; and (4) any claims for attorney's fees, costs of prosecution, and the like ("Released Claims"). The parties acknowledge that the plaintiffs listed in Schedule A hereto are not seeking recovery on any of the Released Claims for periods preceding June 2, 2002.
STIPULATION REGARDING RELEASE OF CLAIMS ARISING FROM CLASS ACTION SETTLEMENT, CASE NO. 03-01180

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2.

Neither this stipulation nor the Order thereon shall constitute or imply any

admission, concession or adjudication by any party regarding any claim raised in or by the Veliz

3.

Each party shall bear its own costs, attorneys' fees, and litigation expenses related

to the prosecution and/or defense of the pre-June 2, 2002 aspects of the claims brought by the plaintiffs listed on Schedule A. 4. This stipulation may be executed in counterparts and the executed counterparts

may be exchanged electronically or by facsimile, but all such counterparts taken together shall constitute but one and the same stipulation. 5. This stipulation constitutes the entire agreement of the parties. IT IS SO STIPULATED. Dated: December 17, 2008 TRABER & VOORHEES /s/ THERESA M. TRABER 128 No. Fair Oaks Avenue, Suite 204 Pasadena, CA 91103 Telephone: [phone] Fax: [phone] Dated: December 17, 2008 SQUIRE, SANDERS & DEMPSEY L.L.P. /s/ JOSEPH A. MECKES One Maritime Plaza, Third Floor San Francisco, CA 94111-3482 Telephone: [phone] Fax: [phone] Attorneys for Defendants *** ORDER Based upon the stipulation of the parties and for good cause shown, the Court orders that the plaintiffs listed on Schedule A hereto shall not be entitled to any relief on any of the Released

STIPULATION REGARDING RELEASE OF CLAIMS ARISING FROM CLASS ACTION SETTLEMENT, CASE NO. 03-01180

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Claims for periods preceding June 2, 2002. The court further orders that the parties shall bear their own costs, fees and expenses with respect to any such claims. IT IS SO ORDERED. 17 Dated: December ____, 2008 ___________ UNITED STATES MAGISTRATE JUDGE

STIPULATION REGARDING RELEASE OF CLAIMS ARISING FROM CLASS ACTION SETTLEMENT, CASE NO. 03-01180

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STIPULATION REGARDING RELEASE OF CLAIMS ARISING FROM CLASS ACTION SETTLEMENT, CASE NO. 03-01180

SCHEDULE A 1. Karim S. Abdella 2. Ron Ballesteros 3. James L. Barefield II 4. Joel A. Christison 5. Billy K. Forsythe 6. Thomas G. Orgill 7. Miguel Perez, Jr. 8. Mark T. Pynchon 9. Victor Ramirez 10. Gilbert Rodriguez 11. Warren R. Runyan, Jr. 12. Jose Tarango 13. Jesus Viramontes

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