United States District Court, D. Nevada
RAYMOND WRIGHT, an individual and resident of Nevada; on behalf of himself and all similarly situated individuals, Plaintiffs,
JACOB TRANSPORTATION, LLC, a Nevada Limited Liability Company, D/B/A EXECUTIVE LAS VEGAS, Defendant.
Jennifer A. Dorsey Jacob R. Rusch (admitted pro hac vice) MN
Bar No. 391892 Molly E. Nephew (admitted pro hac vice)
Attorneys for Plaintiffs (Additional Counsel Listed in
E. Nephew (admitted pro hac vice) MN Bar No. 397607 JOHNSON
BECKER, PLLC Trial Attorneys for Plaintiffs
JOINT STIPULATED DISMISSAL PURSUANT TO FED. R. CIV. P
4L(A)(1)(A)(II) & ORDER ECF NO. 87
JENNIFER A. DORSEY U.S. DISTRICT JUDGE
NOW, pursuant to this Court's Order (Dkt. No. 84),
Raymond Wright ("Plaintiff' or "Wright")
and Jacob Transportation, LLC, a Nevada Limited Liability
Company, D/B/A Executive Las Vegas ("Defendant" or
"Jacob"), through their undersigned counsel, file
their joint stipulated dismissal pursuant to Fed.R.Civ.P.
Wright filed his class and collective action on January 12,
2015 alleging willful violations of the FLSA and Nevada state
wage and hour law. See Wright Complaint ("'Wright
Compl"), Dkt. No. lat¶l.
Russell Jenkins, Bobby Copeland, Jose Hernandez, Lionel
Tayou, Jack Loeb, Alemayehu Solomon, Stanley Wierzbicki,
Berhanu Negussie, and Raymond Barnes joined the action as
opt-in plaintiffs pursuant to FLSA, 29 U.S.C. § 216(b)
(see Dkt. Nos. 7, 41-47).
Willie Brown ("Brown") and Emmett Wallace
("Wallace") filed their class and collective action
on October 19, 2016 alleging the same willful violations of
the FLSA and Nevada state wage and hour law. See
Brown/Wallace Complaint, Dkt. No. 1 at ¶
the Court consolidated the Brown/Wallace Action with the
Wright Action sua sponte. See Wright Action, Dkt. No. 59 and
Brown/Wallace Action, Dkt. No. 33.
on January 27, 2017, Jacob filed a motion for partial summary
judgment and the Court granted Jacob's motion for partial
summary judgment as to Wright's first claim pleading
violations of the FLSA minimum-wage provisions and
Wright's third claim pleading violations of NRS 608.016
and denied Plaintiffs' request for relief under
Fed.R.Civ.P. 56(b). See Wright Action, Dkt. No. 60.
Opt-in Plaintiffs, Jenkins, Copeland, Hernandez, Tayou, Loeb,
Wierzbicki, Negussie, and Barnes and Wallace and Brown (the
consolidated Plaintiffs) filed their Notices of Withdrawal of
Filed Consents to Sue. See Wright Action, Dkt. Nos. 65,
Opt-in Plaintiff Solomon's Notice of Withdrawal of Filed
Consent to Sue was inadvertently never filed, but Solomon
gave Plaintiffs' counsel his permission to withdraw his
claim and Consent to Sue on March 23, 2018.
on March 31, 2019, the Court Granted Defendant's Motion
for Summary Judgment on Plaintiffs second cause of action for
FLSA-overtime violations. See Dkt. No. 84. The Court further
ordered the Parties file a Stipulation of Dismissal that
complies with Fed.R.Civ.P. 4l(a)(1)(A)(ii).
to fix the inadvertent mistake that Opt-in Plaintiff
Solomon's Notice of Withdrawal of Filed Consent to Sue
was not filed and further, to comply with the Court's
March 31, 2019 Order, on May 29, 2019 Opt-in Plaintiff
Solomon filed his Notice of Withdrawal of Filed Consent to
the only Plaintiff left in this action is Raymond Wright and
the only ...