American Guard Services, Inc. v. Terminal Security Solutions, Inc. et al

Filing 75

ORDER granting parties' 74 Joint Motion to Dismiss. All claims and counterclaims in this case are DISMISSED with prejudice and without an award of attorney fees or costs to either party. Signed by U.S. District Judge John C Coughenour. (TH)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 AMERICAN GUARD SERVICES, INC., a California corporation, CASE NO. C18-0603-JCC ORDER Plaintiff, v. 12 13 TERMINAL SECURITY SOLUTIONS, INC., a California corporation, et al., 14 Defendants. 15 16 This matter comes before the Court on the parties’ joint motion for dismissal of claim and 17 court approval of FLSA settlement (Dkt. No. 74). Having thoroughly reviewed the motion and 18 the relevant record, the Court FINDS that the terms of the parties’ settlement agreement as to 19 Defendant Wayne Pack’s counterclaim under the Fair Labor Standards Act, 29 U.S.C. § 201, et 20 seq. are fair and reasonable. (Id. at 2–3); see Lynn’s Food Stores, Inc. v. United States, 679 F.2d 21 1350, 1352–53 (11th Cir. 1982). Therefore, the Court hereby ORDERS that: 22 1. The parties’ joint motion (Dkt. No. 74) is GRANTED. All claims and counterclaims in 23 this case are DISMISSED with prejudice and without an award of attorney fees or costs 24 to either party. 25 26 2. The Court shall retain jurisdiction over this case for the limited purpose of enforcing the terms of the parties’ settlement agreement. ORDER C18-0603-JCC PAGE - 1 1 3. Defendant Wayne Pack’s pending motion for partial summary judgment (Dkt. No. 48) 2 and Plaintiff American Guard Service’s pending motion to compel and request for 3 sanctions (Dkt. No. 63) are STRICKEN. 4 4. The Clerk is DIRECTED to close this case. 5 DATED this 30th day of April 2019. A 6 7 8 John C. Coughenour UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER C18-0603-JCC PAGE - 2

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