Mode v. S-L Distribution Company, LLC et al

Filing 134

ORDER granting 132 and 133 Joint Motion to Dismiss. McAlister and Bayoumis claims against S-L (Doc. Nos. 1, 21) are dismissed with prejudice; S-Ls counterclaims against McAlister and Bayoumi (Doc. No. 25) are dismissed w ith prejudice; S-Ls third-party claims against McAlister Distributing Inc., a North Carolina Corporation (Doc. No. 54), and against Snack It Now, LLC, a Georgia limited liability company (Doc. No. 56), are dismissed with prejudice. Signed by District Judge Robert J. Conrad, Jr on 10/29/2018. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-00150-RJC-DSC
JARED MODE, on behalf of himself
and all others similarly situated,

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Plaintiffs,
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vs.
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S-L DISTRIBUTION COMPANY,
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LLC, S-L DISTRIBUTION
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COMPANY, INC., and S-L ROUTES, )
LLC,
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Defendants.
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____________________________________ )

ORDER

THIS MATTER comes before the Court on Defendants, CounterclaimPlaintiffs, and Third-Party Plaintiffs S-L Distribution Company, LLC, S-L
Distribution Company, Inc., and S-L Routes, LLC (“S-L”), Opt-In Plaintiff and
Counterclaim-Defendant Jim McAlister (“McAlister”), and Third-Party Defendant
McAlister Distributing Inc.’s Joint Motion to Dismiss with Prejudice, (Doc. No. 132);
and S-L, Opt-In Plaintiff and Counterclaim-Defendant Walid Bayoumi (“Bayoumi”),
and Third-Party Defendant Snack It Now, LLC’s Joint Motion to Dismiss With
Prejudice, (Doc. No. 133).
Based upon the record and the prior proceedings in this matter, the Court
GRANTS the Joint Motions, (Doc. Nos. 132, 133), and ORDERS that:
1. McAlister and Bayoumi’s claims against S-L in the above-captioned action,
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(Doc. Nos. 1, 21), including those brought under the Fair Labor Standards Act,
are dismissed with prejudice;
2. S-L’s counterclaims against McAlister and Bayoumi in the above-captioned
action, (Doc. No. 25), are dismissed with prejudice; and
3. S-L’s third-party claims against McAlister Distributing Inc., a North Carolina
Corporation, (Doc. No. 54), and against Snack It Now, LLC, a Georgia limited
liability company, (Doc. No. 56), are dismissed with prejudice.
SO ORDERED.
Signed: October 29, 2018

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