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Wright v. Jacob Transportation, LLC

United States District Court, D. Nevada

May 30, 2019

RAYMOND WRIGHT, an individual and resident of Nevada; on behalf of himself and all similarly situated individuals, Plaintiffs,
v.
JACOB TRANSPORTATION, LLC, a Nevada Limited Liability Company, D/B/A EXECUTIVE LAS VEGAS, Defendant.

          Hon. 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 Signature Block)

          Molly 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

         COMES 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. 4l(a)(1)(A)(ii).

         WHEREAS, 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.[1]

         WHEREAS, 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).

         WHEREAS, 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 ¶ 1}[2]

         WHEREAS, 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.

         WHEREAS, 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.

         WHEREAS, 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, 69-73, 77.

         WHEREAS, 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.

         WHEREAS, 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).

         WHEREAS, 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 Sue.

         WHEREAS, the only Plaintiff left in this action is Raymond Wright and the only ...


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