Fowler et al v. Family Dollar Stores, Inc. et al

Filing 66

ORDER granting Joint Motions to Dismiss, dismissing Opt-In Plaintiff Bethany Jordan (Marino) and Opt-In Plaintiff Curtis Whittie, directing entry of judgment (Pursuant to Document #680 in MDL Master Docket 3:08-md-1932). Signed by Senior Judge Graham Mullen on 10/18/2011. (Attachments: # 1 Clerk's Judgment) (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:08MD1932-MU
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IN RE FAMILY DOLLAR FLSA
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LITIGATION
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__________________________________ :
ORDER
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Concerning Fowler v. Family Dollar Stores :
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This matter is before the Court on the parties Joint Motions for Dismissal of Opt-In Plaintiffs
Bethany Jordan (Marino) (Doc. No. 678) and Curtis Whittie (Doc. No. 679), both filed October 17,
2011. The parties have agreed to this dismissal, with prejudice, pursuant to Rule 41(a)(1)(A)(ii) of
the Federal Rules of Civil Procedure with each party to bear their own costs.
IT IS, THEREFORE ORDERED that:
(1)

The Joint Motions for Dismissal as to Opt-In Plaintiffs Bethany Jordan (Marino) and
Curtis Whittie (Doc. Nos. 678 and 679) are GRANTED. Plaintiffs’ claims against
Family Dollar are dismissed with prejudice, with each party to bear its own fees and
costs;

(2)

The Court finds that there is no just reason to delay entry of final judgment for
Family Dollar with respect to Opt-In Plaintiffs Bethany Jordan (Marino) and Curtis
Whittie’s claims against Family Dollar;

(3)

The Clerk is directed to enter final judgment, pursuant to Rule 54(b), for Family
Dollar with respect to Opt-In Plaintiffs Bethany Jordan (Marion) and Curtis Whittie.

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SO ORDERED.
Signed: October 18, 2011

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