Brown et al v. Lowe's Companies, Inc. et al

Filing 207

ORDER granting re 206 Stipulation of Dismissal and Consent Motion for Approval of Dismissal. Signed by District Judge Richard Voorhees on 6/26/2017. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NO. 5:13-CV-00079-RLV-DSC
JASON DAVID BROWN and LASZLO
BOZSO,
Plaintiffs,
v.
FIRST ADVANTAGE
BACKGROUND CORP., f/d/b/a/
LEXISNEXIS SCREENING
SOLUTIONS, INC.,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff Jason David Brown and Laszlo
Bozso’s Stipulation of Dismissal and Consent Motion for Approval of Dismissal. (Doc. 206).
Having reviewed the Stipulation of Dismissal, the Court concludes that good cause supports the
Consent Motion for Approval of Dismissal.1 Accordingly, the Court APPROVED the terms of
Plaintiff’s Consent Motion for Approval of Dismissal, GRANTS the Consent Motion for Approval
of Dismissal (Doc. 206), and ORDERS that Plaintiffs’ (1) individual claims against Defendant
First Advantage Background Corp., f/d/b/a LexisNexis Screening Solutions, Inc., are
DISMISSED WITH PREJUDICE; and (2) proposed class claims against Defendant First

The Court notes that the Stipulation of Dismissal asserts that Meris Dudzic “dismissed all of her claims against
Defendant with prejudice.” (Doc. 206 at 1). In actuality, no formal dismissal occurred but the pending complaint,
which is the Third Amended Complaint (Doc. 114), specifically states that Meris Dudzic does not assert any claims
against Defendant First Advantage Background Corp. (Doc. 114 at 5). Accordingly, Meris Dudzic, who did bring
claims against Lowe’s Companies, Inc., a former defendant in this action, ceased being a party to this litigation when
a settlement was reached as to the claims against Lowe’s Companies, Inc. (See Doc. 173). Similarly, April IngramFleming, who brought a separate action against only Lowe’s Companies, Inc. that was consolidated with this action,
also ceased being a party to this litigation when a settlement was reached as to the claims against Lowe’s Companies,
Inc.
1

-1-

Advantage Background Services Corp., f/d/b/a LexisNexis Screening Solutions, Inc., are
DISMISSED WITHOUT PREJUDICE.
In its April 22, 2016 Protective Order (Doc. 111), the Court stated that, “Pursuant to the
Court’s Pretrial Order and Case Management Plan (Doc. 53), the ultimate disposition of
Confidential Materials shall be subject to a final order of the Court upon completion of this
litigation.” Accordingly, the Court further ORDERS that all documents marked “confidential”
that were produced in this civil action shall be destroyed by the parties and counsel who received
them by July 26, 2017.
SO ORDERED.

Signed: June 26, 2017

-2-