In re: American Family Mutual Insurance Co. Overtime Pay Litigation

Filing 380

ORDER granting 375 Michelle Cottinghams Motion to Withdraw Her Opt In to Schultz v.American Family by Chief Judge Wiley Y. Daniel on 2/3/2010.(erv, )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Master Docket No. 06-cv-17430-WYD-CBS (MDL Docket No. 1743) IN RE AMERICAN FAMILY MUTUAL INSURANCE CO. OVERTIME PAY LITIGATION

ORDER THIS MATTER is before the Court on Michelle Cottingham's Withdrawal of Her Opt In to Schultz v. American Family, filed February 1, 2010 [#375]. This case is a consolidated action for unpaid overtime compensation and related penalties and damages brought pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(b), and various states' wage and overtime laws. The action is comprised of two consolidated cases including Rocky Baldozier, et al. v. American Family Mutual Insurance Co., Case No. 04-cv-02174, initially filed in this court on October 20, 2004 (the "Baldozier case"), and a case initiated in the Northern District of Illinois styled Robert Schultz v. American Family Mutual Insurance Co., Civil Case No. 06-cv-00322 (Northern District of Illinois Civil Case No. 04-cv-05512) (the "Schultz case"). The cases were consolidated by the Judicial Panel on Multidistrict Litigation ("MDL") and transferred to this Court as a single case on February 13, 2006. Plaintiff Cottingham previously consented to join the Schultz case, but now wishes to withdraw her consent. Upon review of the file in this matter, it is hereby ORDERED that Michelle Cottingham's Withdrawal of Her Opt In to Schultz v. American Family, filed February 1, 2010 [#375] is GRANTED.

Dated: February 3, 2010 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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