SPACK v. TRANS WORLD ENTERTAINMENT et al

Filing 200

ORDER DISMISSING CASE. IT IS HEREBY STIPULATED AND AGREED, by and among the parties, through their undersigned counsel, that no party hereto is an infant or incompetent and that the above-captioned action is voluntarily dismissed without prejudice b y the following Opt-In Plaintiffs as against all Defendants pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii), without an award of fees or costs to any party: 1. John Caswell; 2. Alvin Jankowski; and 3. Shawn Paxton. Signed by Senior Judge Thomas J. McAvoy on 12/20/2019. (khr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
CAROL SPACK, TABITHA SCHMIDT,
Individually and on behalf of all others
Similarly situated, as Collective
representative,
Plaintiffs,
v.

Case No. 1:17-cv-1335-TJM-CFH

TRANS WORLD ENTERTAINMENT
CORPORATION and RECORD TOWN,
INC.
Defendants.

NATASHA ROPER, Individually and
On behalf of all others similarly situated, as
Collective representative,
Plaintiff,
v.

Case No. 1:17-cv-00553-TJM-CFH

TRANS WORLD ENTERTAINMENT
CORPORATION and RECORD TOWN,
INC.,
Defendants.

AMENDED STIPULATION OF VOLUNTARY DISMISSAL
IT IS HEREBY STIPULATED AND AGREED, by and among the parties, through their
undersigned counsel, that no party hereto is an infant or incompetent and that the above-captioned
action is voluntarily dismissed without prejudice by the following Opt-In Plaintiffs as against all
Defendants pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii), without an award of
fees or costs to any party:

1. John Caswell;
2. Alvin Jankowski; and
3. Shawn Paxton.
ATTORNEYS FOR PLAINTIFFS,
CAROL SPACK, TABITHA SCHMIDT,
Individually and on behalf of all others Similarly
situated, as collective representative,

ATTORNEYS FOR DEFENDANTS,
TRANS WORLD ENTERTAINMENT CORP.
AND RECORD TOWN, INC.

By: /s/ Stephan T. Mashel
Stephan T. Mashel, Esq.
Amy Blanchfield, Esq.
MASHEL LAW, L.L.C.
500 Campus Drive, Suite 303
Morganville, New Jersey 07751
T: [phone]
[e-mail]
[e-mail]

By: /s/ Christopher J. Stevens
William J. Anthony, Esq.
Vincent E. Polsinelli, Esq.
Christopher J. Stevens, Esq.
JACKSON LEWIS, P.C.
677 Broadway, 9th Floor
Albany, NY 12207
T: [phone]
[e-mail]
[e-mail]
[e-mail]

Dated: December 18, 2019

Dated: December 18, 2019

SO ORDERED:
_____________________________________
Dated: December __, 2019
20

CERTIFICATION OF SERVICE
I hereby certify that on December 18, 2019, a copy of the foregoing was filed
electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing
will be sent by e-mail to all parties by operation of the court’s electronic filing system or by mail
to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties
may access this filing through the court’s CM/ECF System.

/s/ Christopher J. Stevens
Christopher J. Stevens
4813-0059-0511, v. 1