Gilbert v. Wells Fargo Bank, N.A.

Filing 55

ORDER DISMISSING CASE Granting 53 Stipulation of Dismissal. Signed by Judge James C. Mahan on 3/19/13. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:11-cv-01841-JCM-PAL Document 53 Filed 02/20/13 Page 1 of 3

7

Mark R. Thierman, NV SBN 8285
[e-mail]
Jason J. Kuller, NV SBN 12244
[e-mail]
Joshua D. Buck, NV SBN 12187
[e-mail]
THIERMAN LAW FIRM, PC
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]

8

Attorneys for Plaintiff ERIC GILBERT

1
2
3
4
5
6

THIERMAN LAW FIRM, PC
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.laborlawyer.net

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12
13

ERIC GILBERT; on behalf of himself, all
others similarly situated,

Case No.: 2:11-cv-01841-JCM-PAL
STIPULATION OF DISMISSAL

Plaintiff,

14
15
16

v.
WELLS FARGO BANK, N.A. and DOES
1-50, inclusive,

17
18

Defendant.

19
20

Plaintiff Eric Gilbert (“Plaintiff” or “Gilbert”), by and through his counsel of record,

21

and Defendant Wells Fargo Bank N.A. (“Defendant”), by and through its counsel of record

22

(collectively referred to as the “Parties”), hereby stipulate as follows:

23
24

WHEREAS Plaintiff filed his class and collective action complaint for unpaid
overtime on June 10, 2011 (“Action”);

25

WHEREAS this Action was conditionally certified as a collective action under the

26

Fair Labor Standards Act (“FLSA”) on August 9, 2012, and notices of the action were sent

27

out to other similarly situated pursuant to this Court’s Order (Doc. 48);

28

WHEREAS this Action was never certified as a class action;
-1STIPULATION OF DISMISSAL

Case 2:11-cv-01841-JCM-PAL Document 53 Filed 02/20/13 Page 2 of 3

1
2

WHEREAS only four (4) other similarly situated individuals opted into the Action
besides Gilbert;

3
4

WHEREAS the Parties have agreed to resolve the Action as to all opt-in plaintiffs
who have decided not to withdraw their consent to sue;1

5

WHEREAS the payments under the settlement are based (1) on length of service

6

during the 2-year statute of limitations from the date the plaintiff filed his or her consent to

7

sue and (2) the amount of weekly overtime alleged to have been worked over that time

8

period;
WHEREAS the payments under the settlement are as follows:

THIERMAN LAW FIRM, PC
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.laborlawyer.net

9
10

1.

11

Gilbert will receive $22,500 under the settlement. Out of the $22,500 gross
amount, $15,000 represents an enhancement payment for asserting the Action

12
as the named-Plaintiff and $7,500 represents the wage payment.

13

In

14

consideration his settlement amount, Gilbert signed a general release of

15

claims against Defendant.

16

2.

Tim Brines will receive $3,250 under the settlement. Mr. Brines only released

17
claims alleged in the Action relating to unpaid overtime and his exempt status.

18
3.

19

Phillip Ostlie will receive $1,750 under the settlement.

Mr. Ostlie only

20

released claims alleged in the Action relating to unpaid overtime and his

21

exempt status.

22

4.

Tammy Jelinek will receive $500 under the settlement. Ms. Jelinek’s claims

23
fell outside the two-year statute of limitations. Ms. Jelinek only released

24

claims alleged in the Action relating to unpaid overtime and her exempt status.

25
26
27
28

1

Opt-in plaintiff Wayne Jeu has withdrawn his consent to sue in this Action.
-2STIPULATION OF DISMISSAL

Case 2:11-cv-01841-JCM-PAL Document 53 Filed 02/20/13 Page 3 of 3

1
2
3
4

WHEREAS the settlement further provides for a payment of attorneys fees and costs
to the Thierman Law Firm in the amount of $27,000;
WHEREAS Gilbert and each individual opt-in plaintiff has separately signed and
assented to the settlement;

5

THEREFORE, the Parties hereby stipulate that the settlement represents a fair and

6

reasonable resolution of a bona fide dispute and that this Action be dismissed with prejudice

7

with each party bearing its own costs and attorneys fees.

8
THIERMAN LAW FIRM, PC
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.laborlawyer.net

9

DATED: February 20, 2013

Respectfully Submitted,

10
THIERMAN LAW FIRM

11
12

/s/Joshua D. Buck
Joshua Buck
Attorney for Plaintiff

13
14
15
16
17
18

DATED: February 20, 2013

Respectfully Submitted,
SHEPPARD MULLIN RICHTER &
HAMPTON LLP

19
20
21

/s/Thomas R. Kaufman
Thomas R. Kaufman
Attorney for Defendant

22
23
24
25
26
27
28
-3STIPULATION OF DISMISSAL

Case 2:11-cv-01841-JCM-PAL Document 53-1 Filed 02/20/13 Page 1 of 1

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8
DISTRICT OF NEVADA

THIERMAN LAW FIRM, PC
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.laborlawyer.net

9
10

ERIC GILBERT; on behalf of himself, all
others similarly situated,

[PROPOSED] ORDER

11
12
13
14
15
16

Case No.: 2:11-cv-01841-JCM-PAL

Plaintiff,
v.
WELLS FARGO BANK, N.A. and DOES
1-50, inclusive,
Defendant.

17
18
19

The Court hereby GRANTS the Parties stipulation of dismissal. This action is hereby
dismissed with prejudice with each party bearing its own costs and attorneys fees.

20
IT IS SO ORDERED
21
22
23

DATED: February 20,2013.
March 19, 2013

24
______________________________
U.S. DISTRICT COURT JUDGE
JAMES C. MAHAN

25
26
27
28
-1-