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

Filing 138

ORDER Granting 135 Joint Motion to Dismiss and Orders that Sartis claims against S-L (Doc Nos. 1, 4); S-Ls counterclaim against Sarti (Doc. No. 25); and S-Ls third-party claims against Siempre Avanti, LLC (Doc. No. 28) are dismissed with prejudice. Signed by District Judge Robert J. Conrad, Jr on 11/14/2018. (jaw)

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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, ) ) ) Plaintiffs, ) ) vs. ) ) ) S-L DISTRIBUTION COMPANY, ) LLC, S-L DISTRIBUTION ) COMPANY, INC., and S-L ROUTES, ) LLC, ) ) Defendants. ) ____________________________________ ) 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 Anthony Sarti (“Sarti”), and Third-Party Defendant Siempre Avanti LLC’s Joint Motion to Dismiss with Prejudice, (Doc. No. 135). Based upon the record and the prior proceedings in this matter, the Court GRANTS the Joint Motion, (Doc. Nos. 135), and ORDERS that: 1. Sarti’s claims against S-L in the above-captioned action, (Doc Nos. 1, 4), including those brought under the Fair Labor Standards Act, are dismissed with prejudice; 2. S-L’s counterclaim against Sarti in the above-captioned action, (Doc. No. 25), 1 is dismissed with prejudice; and 3. S-L’s third-party claims against Siempre Avanti, LLC, a Georgia limited liability company, (Doc. No. 28), are dismissed with prejudice. SO ORDERED. Signed: November 14, 2018 2

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