Saxon v. Southwest Airlines Co.

Filing 14

MEMORANDUM by Southwest Airlines Co. in support of motion to dismiss #13 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Siebert, Melissa)

Exhibit B

Case: 1:18-cv-04822 Document #: 29 Filed: 01/04/19 Page 1 of 3 PageID #:102

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

JEFF BATTLES, LEROME THOMAS,
STEVEN SPENCER, Individually and
on Behalf of All Others Similarly
Situated,

Plaintiffs,
v.
SOUTHWEST AIRLINES CO.,

Defendant.

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Case No. 18-cv-04822

Honorable Marvin E. Aspen

STIPULATION TO DISMISS CASE IN FAVOR OF INDIVIDUAL ARBITRATION
Plaintiffs Jeff Battles, Lerome Thomas, and Steven Spencer (“Plaintiffs”) and Defendant
Southwest Airlines Co. (“Defendant”), by and through their respective attorneys, hereby bring this
Stipulation to Dismiss Case in Favor of Arbitration. In support of this Stipulation, the Parties state
as follows:
1.

On July 13, 2018, Plaintiffs filed, on behalf of themselves and all others similarly

situated, this putative collective action pursuant to the Fair Labor Standards Act (“FLSA”), 29
U.S.C. §§201 et seq., and putative class action pursuant to Rule 23 of the Federal Rules of Civil
Procedure and the Illinois Minimum Wage Law (“IMWL”), 820 ILCS §§105/1 et seq.
2.

On September 17, 2018, Defendant filed a Motion to Dismiss in Favor of

Arbitration (“Arbitration Motion”). (Doc. 13.)
3.

On November 29, 2018, the Court granted the Parties’ stipulation to stay this case

pending a private mediation between the parties. (Doc. 28.)

Case: 1:18-cv-04822 Document #: 29 Filed: 01/04/19 Page 2 of 3 PageID #:103

4.

The parties, including Plaintiff Battles, Plaintiff Thomas, and Plaintiff Spencer and

Southwest Airline’s in-house counsel, along with their respective attorneys, participated in a
private mediation on December 5, 2018 but were unable to reach a settlement.
5.

Pursuant to the parties’ mediation agreement, the parties stipulate and agree that

this case must be dismissed and that Plaintiffs’ claims must be submitted to individual arbitration
to AAA in accordance with the Southwest Airlines Alternative Dispute Resolution Program.
WHEREFORE, the Parties jointly ask the Court to dismiss this case and to compel
individual arbitration with AAA in accordance with the Southwest Airlines Alternative Dispute
Resolution Program.

Dated: January 4, 2019

/s/ Ryan F. Stephan
Ryan F. Stephan
Andrew C. Ficzko
STEPHAN ZOURAS, LLP
100 N. Riverside Plaza, Suite 2150
Chicago, IL 60606
[e-mail]
[e-mail]
Telephone: [phone]
ATTORNEYS FOR PLAINTIFF

/s/ Melissa Siebert
Melissa Siebert
Bonnie Keane DelGobbo
BAKER & HOSTETLER LLP
191 N. Wacker Drive, Suite 3100
Chicago, IL 60606
[e-mail]
[e-mail]
312-416-6200
ATTORNEYS FOR DEFENDANT

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Case: 1:18-cv-04822 Document #: 29 Filed: 01/04/19 Page 3 of 3 PageID #:104

CERTIFICATE OF SERVICE
The undersigned counsel for Defendant Southwest Airlines Co. hereby certifies that she
caused a true copy of the foregoing document to be filed electronically on January 4, 2019. Notice
of this filing will be sent to all parties registered on this Court’s ECF system by operation of the
Court’s electronic filing system.

By: /s/ Melissa Siebert