IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

- 06 SEp 2 9 p~ 12: 1 9

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

Plaintiff,

v. SARA LEE CORPORATION,
Defendant.

I COMPLAINT
1 1 JURY TRIAL DEMAND 1

NATURE OF THE ACTION This is an action under the Equal Pay Act of 1963, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, Title I of the Civil Rights Act of 1991, and Titles I and V ofthe Americans with Disabilities Act of 1990 to correct an unlawful employment practice on the basis of retaliation and to provide appropriate relief to Ava SmithThompson and a class of employees required to waive their right to file an EEOC charge as a condition to receive severance or other pay. The Commission alleges that the Defendant engaged in retaliatory practices by requiring Ava Smith-Thompson and a class of employees throughout its organization to waive their right to file an EEOC charge as a condition to receive severance or other pay, in violation of the Equal Pay Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, and the Americans with Disabilities Act.
JURISDICTION AND VENUE
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. $ 6 451, 1331, 1337,
1343, and 1345. This action is authorized and instituted pursuant to Sections 16(c) and 17 ofthe
Fair Labor Standards Act of 1938 (the "FLSA"), as amended, 29 U.S.C. 8 8 216(c) and 217, to

enforce the requirements of the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA,
29 U.S.C. 5 206(d); Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended (the "ADEA"), 29 U.S.C. 6 626(b), which incorporates by reference Sections 16(c) and
17 of the FLSA; Section 706(f)(l) and (3) of Title VII of the Civil Rights Act of 1964, as
amended ("Title VII"), 42 U.S.C. 5 2000e-5(f)(l) and (3); and Section 107(a) of the Americans
with Disabilities Act of 1990 (the "ADA"), 42 U.S.C. 12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII. This action is also authorized and instituted
pursuant to Section 102 of Title I ofthe Civil Rights Act of 1991,42 U.S.C. 6 1981a.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Ohio, Western Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation, and enforcement of the Equal Pay Act, the ADEA, Title VII, and Titles I and V of the ADA, and is expressly authorized to bring this action by Sections 16(c) and 17 of the FLSA, 29 U.S.C.
$ 5 2 16(c) and 217, as amended by Section 1 of the Reorganization Plan No. 1 of 1978,92 Stat.
3781, and Public Law 98-532 (1984), 98 Stat. 2705; by Section 7(b) of the ADEA, 29 U.S.C.
5 626(b), as amended by Section 2 of Reorganization PlanNo. 1 of 1978,92 Stat. 3781, and by
Public Law 98-532 (1984), 98 Stat. 2705; by Section 706 (o(1) and (3) of Title VII, 42 U.S.C.
5 2000e-5 (f) (1) and (3); and by Section 107(a) of the ADA, 42 U.S.C. 4 12117(a), which
incorporates by reference Section 706(f)(l) and (3), 42 U.S.C. 4 2000e-5(f)(l) and (3).

4. At all relevant times, Defendant Sara Lee Corporation (the "Employer") has continuously been a Maryland corporation, doing business in the State of Ohio and the City of Cincinnati, and has continuously had at least 20 employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h)
of Title VII, 42 U.S.C. $ 5 2000e(b), (g), and (h); Sections 1l(b), (g), and (h) of the ADEA, 29 U.S.C. $ 5 630(b), (g), and (h); and Section 101(5) of the ADA, 42 U.S.C. 5 12111(5), and Section 101(7) of the ADA, 42 U.S.C. 5 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. $ 5 2000e(g) and (h).
6. At all relevant times, Defendant Employer has acted directly or indirectly as an employer in relation to employees and has continuously been an employer within the meaning of
Section 3(d) of the FLSA, 29 U.S.C. 5 203(d).
7. At all relevant times, Defendant Employer has continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of
Sections 3(b), (i), and (i) of the FLSA, 29 U.S.C. $5 203(b), (i), and (i), and has continuously
been an enterprise engaged in commerce or in the production of goods for commerce within the
meaning of Sections 3(r) and (s) of the FLSA, 29 U.S.C. $ 5 203(r) and (s), in that said enterprise
has continuously been an enterprise whose annual gross volume of sales made or business done is not less than $500,000.
8. At all relevant times, Defendant Employer has been a covered entity under
Section 101(2)ofthe ADA, 42 U.S.C. 5 1211l(2).

CONCILIATION 9. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practice alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference, and persuasion within the
meaning of Section 7(b) of the ADEA, 29 U.S.C. 5 626(b).
STATEMENT OF CLAIMS 10. More than thirty days prior to the institution of this lawsuit, Ava Smith-Thompson filed a charge with the Commission alleging violations of Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled. 11. Since at least June 16,2005, Defendant Employer has engaged in unlawful employment practices at its Cincinnati, Ohio, facility, in violation of Section 15(a)(3) of the
FLSA, 29 U.S.C. 5 215(a)(3); Section 4(d) of the ADEA, 29 U.S.C. 5 623(d); Section 704(a) of Title VII, 42 U.S.C. 5 2000e-3(a); and Section 503 of Title V of the ADA, 42 U.S.C. 5 12203.
Defendant Employer has subjected Ava Smith-Thompson and a class of employees, located throughout its facilities, to retaliatory practices by requiring them to waive their right to file an EEOC charge as a condition to receive severance or other pay.
12. As a result of the acts complained of above, Defendant Employer unlawfully has withheld and is continuing to withhold the payment of wages due to Ava Smith-Thompson and a class of employees who have been required to waive their right to file an EEOC charge as a condition to receive severance or other pay.
13. The effect of the practices complained of in paragraph 11 above has been to deprive Ava Smith-Thompson and a class of employees (who have been required to waive their

right to file an EEOC charge as a condition to receive severance or other pay) of equal employment opportunities and otherwise adversely affect their status as employees, because of retaliation.
14. The unlawful employment practices complained of in paragraph 11 above were and are willful within the meaning of Section 7(b) of the ADEA.
15. The unlawful employment practices complained of in paragraph 11 above were and are intentional.
16. The unlawful employment practices complained of in paragraph 11 above were and are done with malice or with reckless indifference to the federally protected rights of Ava Smith-Thompson and a class of employees who have been required to waive their right to file an EEOC charge as a condition to receive severance or other pay.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from any retaliatory employment practices, including requiring employees to waive their right to file an EEOC charge as a condition to receive severance pay.
B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for employees who have filed charges of discrimination, and which eradicate the effects of its past and present unlawful employment practices.

C. Order Defendant Employers to make whole Ava Smith-Thompson and a class of employees who have been required to waive their right to file an EEOC charge as a condition to receive severance or other pay by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to delivery of nonretaliatory release agreements to the individuals with an opportunity to file an EEOC charge.
D. Grant a judgment requiring Defendant Employer to pay appropriate back wages in an amount to be determined at trial, and an equal sum as liquidated damages, or prejudgment interest in lieu thereof, to individuals whose wages are being unlawfully withheld as a result of the acts complained of above, including but not limited to Ava Smith-Thompson and a class of employees who have been required to waive their right to file an EEOC charge as a condition to receive severance or other pay.
E. Order Defendant Employer to make whole Ava Smith-Thompson and a class of employees (who have been required to waive their right to file an EEOC charge as a condition to receive severance or other pay) by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 11 above, including but not limited to out of pocket expenses, plus prejudgment interest, in amounts to be determined at trial.
F. Order Defendant Employer to make whole Ava Smith-Thompson and a class of employees (who have been required to waive their right to file an EEOC charge as a condition to receive severance or other pay) by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 11 above,

including but not limited to physical and emotional pain and suffering, mental anguish, and loss of enjoyment of life, in amounts to be determined at trial.
G. Order Defendant Employer to pay Ava Smith-Thompson and a class of employees (who have been required to waive their right to file an EEOC charge as a condition to receive severance or other pay) punitive damages for its malicious and reckless conduct described in paragraph 11 above, in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the public interest.
I. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully Submitted,
11 ?A
HELLE EISELE, #12070-49 ~upervisoryTrial ~ t t o r n e ~

-
KE-TH

,-n.dAA s z x z k u d
L. BIRD, #10780-02

Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Indianapolis District Office 101 West Ohio Street, Suite 1900 Indianapolis IN 46204-4203 Phone: (3 17) 226-7204 Fax: (317) 226-5571 Email: Kenneth.Bird@eeoc.gov

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
AND
AVA SMITH THOMPSON
Plaintiffs
vs.
SARA LEE CORPORATION
C/O Csc-Lawyers Incorporating Service (Corporation Service Company) 50 W. Broad St Suite 1800 Columbus Ohio 43215

:

:

:

:

: Case No. 1:06 CV645

:

: JUDGE SPIEGEL

:

:

:

:

:

:

: PLAINTIFF AVA SMITH-

: THOMPSON’S COMPLAINT

: :

AGAINST DEFENDANT SARA LEE CORPORATION

JURY DEMAND ENDORSED HEREON

Statutory Agent

Defendant

.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. 451, 1331, 1337,
1343, and 1345. This action is authorized and instituted pursuant to Sections 16( c) and 17 of the Fair Labor Standards Act of 1938(the ‘FLSA”), as amended, 20 U.S.C. 216 ( c) and 217, to enforce the requirements of the Equal Pay Act of 1963, codified as Section 6 (d) of the FLSA, 29 U.S.C. 206(d) , which incorporates by reference Sections 16( c ) and 17 of the FLSA, section 706(f)(1) and (3) of Title VII of the Civil Rights Act f 1964, as amended (“Title VII”), 42 U.S.C. 2000e-5(f)(1) and (3), and Section 107(a) of the Americans with Disabilities Act of 1990 (the “ADA”), 42 U.S.C. 12117(a),

1

which incorporates by reference Section 706(f)(1) and (3) of Title VII. This action is authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of 1991, 42 U.S.C. 1981a. 2. The employment practices alleged to be unlawful were being committed within the jurisdiction of the Untied States District Court for the Southern District of Ohio, Western Division. 3. Plaintiff Ava Smith Thompson has met all of the jurisdictional prerequisites to asserting these claims.
PARTIES 4. Plaintiff Ava Smith-Thompson is a former employee of Defendant Sara Lee
Corporation, who timely filed a charge of employment discrimination with Plaintiff Equal Employment Opportunity Commission (Plaintiff EEOC). 5. Defendant Sara Lee Corporation is an employer within the meaning of federal anti-discrimination laws, within the meaning of Title VII, the FLSA, the ADA, and the ADEA, all as alleged in Plaintiff Equal Employment Opportunity Commission’s Complaint, ¶¶ 4 through 8, which paragraphs are
incorporated by reference as if fully set forth herein. 6. Following investigation of Plaintiff Ava Smith-Thompson’s charge of
discrimination, the EEOC made a probable cause determination that Defendant Sara Lee Corporation had engaged in unlawful employment practices at its Cincinnati, Ohio facility, in violation of the FLSA, Title VII, the ADEA, and the ADA. 7. Defendant Sara Lee subjected its employees, including Plaintiff Ava SmithThompson, to retaliatory practices by requiring them to waive their right to file an EEOC Charge as a condition to receive severance or other pay.
2

8. Defendant Sara Lee Corporation’s above-described actions were in violation of the FLSA, Title VII, the ADEA, and the ADA.
9. As a result of these unlawful acts, Defendant Sara Lee unlawfully has withheld and is continuing to withhold the payment of severance pay to Ava Smith-Thompson, as well as a class of employees who were required to waive their right to file an EEOC charge as a condition to receive severance or other pay.
10. The effect of the above-described practices has been to deprive Plaintiff Ava Smith-Thompson of equal employment opportunities and to otherwise adversely affect her status as an employee, because of retaliation.
11. The above-described unlawful employment practices were willful within the meaning of section 7(b) of the ADEA.
12. The above-described unlawful employment practices were intentional and willful, and wanton.
13. The above-described practices were done with malice or reckless indifference to the federally protected rights of Ava Smith-Thompson.
14. Defendant Sara Lee is liable to Plaintiff Ava Smith-Thompson for all damages caused by its unlawful practices, in an amount to be proven at trial, but in excess of $25,000.00.
PRAYER FOR RELIEF WHEREFORE, Plaintiff demands judgment against Defendant Sara Lee Corporation as follows: 1. That Defendant Sara Lee Corporation be enjoined from further unlawful
conduct as described in this Complaint;
3

2. That Defendant Sara Lee be ordered to make Plaintiff Ava Smith-Thompson whole by providing Plaintiff Ava Smith-Thompson with the appropriate severance pay, with pre-judgment interest,
3. That Plaintiff be awarded compensatory damages in an amount to be proven at trial but in excess of $25,000;
3. That Plaintiff be awarded reasonable attorney fees, and costs; 4. That Plaintiff be awarded punitive damages; and 5. That Plaintiff be awarded such other legal and equitable relief to which she
may be entitled. Respectfully submitted, /s/ Carol S. Wood___________ Carol S. Wood (Ohio # 0040739) Trial Attorney for Plaintiff 3016 Lischer Avenue Cincinnati, Ohio 45211 (513) 662-7227
.
JURY DEMAND Plaintiff Ava Smith-Thompson hereby demands a jury on all issues so triable. _/s/ Carol S. Wood (0040739)______
4

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing is being served electronically on Kenneth L Bird, Attorney for Plaintiff Equal Employment Opportunity Commission at kenneth.bird@eeoc.gov, and on Lisa May Evans, Attorney for Defendant Sara Lee Corporation, at lisamay.evans@thompsonhine.com, this 15th day of January, 2007.
/s/ Carol S. Wood (Ohio # 0040739)
5

 
 m THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO WESTER::-.! DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION.

)

)

Plaintiff,

)

)

and

)

)

AVA SMITH-THOMPSON,

)

)

Intervening Plaintifl:

)

)

v.

)

)

SARA LEE CORPORATION,

)

)

Defendant.

)

----)

CIVIL ACTION NO. I :06-CV -645
Hon. S. Arthur Spiegel, Judge

ORDER
The parties have filed a notice of voluntary dismissal by stipulation. The Court being
duly advised, this ease is hereby ordered dismissed with prejudiee. Each side will bear its
own costs and fees.

Date: August 8. 2007

 
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U.S. District Court Southern District of Ohio (Cincinnati) CIVIL DOCKET FOR CASE #: 1:06-cv-00645-SAS

CLOSED, JURY

Equal Employment Opportunity Commission v. Sara Lee Corporation Assigned to: Judge S Arthur Spiegel Cause: 28:451 Employment Discrimination

Date Filed: 09/29/2006 Date Terminated: 08/09/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Kenneth L Bird Equal Employment Opportunity Commission 101 West Ohio Street Suite 1900 Indianapolis, IN 46204-4203 (317) 226-7204 Email: kenneth.bird@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Ava Smith-Thompson

represented by Carol Schwetschenau Wood 3016 Lisher Avenue Cincinnati, OH 45211-2122 513-662-7227 Email: bwwood@fuse.net ATTORNEY TO BE NOTICED

V. Defendant Sara Lee Corporation

represented by Lisa May Evans The May Evans Company 810 Sycamore Street, Sixth Floor Cincinnati, OH 45202 513-338-5636 Fax: 513-621-8703 Email: lme@mayevans.com ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

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09/29/2006 09/29/2006 10/25/2006 11/03/2006 11/14/2006 11/15/2006 12/05/2006
12/12/2006
12/27/2006
01/11/2007 01/11/2007 01/15/2007 02/06/2007
03/06/2007

1 COMPLAINT with Jury Demand filed by Plaintiff Equal Employment Opportunity Commission against Defendant Sara Lee Corporation. 48BG (Attachments: # 1 Civil Cover Sheet)(scot, ) (Entered: 09/29/2006)
2 Summons Issued as to Sara Lee Corporation. (scot, ) Modified docket text on 10/2/2006 (scot1, ). (Entered: 09/29/2006)
3 MOTION to Intervene as Party Plaintiff (Ava Smith-Thompson). (Attachments: # 1 Exhibit Proposed Complaint)(Wood, Carol) (Entered: 10/25/2006)
4 SUMMONS Returned Executed Sara Lee Corporation served on 10/26/2006, answer due 11/15/2006. (Bird, Kenneth) (Entered: 11/03/2006)
5 Unopposed MOTION for Extension of Time to File Answer New date requested 12/5/2006. by Defendant Sara Lee Corporation. (Evans, Lisa) (Entered: 11/14/2006)
6 NOTATION ORDER granting 5 Unopposed Motion for Extension of Time to Answer Sara Lee Corporation answer due by 12/5/2006. Signed by Judge S Arthur Spiegel on 11/15/2006. (km, ) (Entered: 11/15/2006)
7 MOTION to Dismiss and Rule 12(c) Motion for Judgment on the Pleadings by Defendant Sara Lee Corporation. Responses due by 12/29/2006 (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D)(Evans, Lisa) (Entered: 12/05/2006)
8 RESPONSE to Motion re 7 MOTION to Dismiss and Rule 12(c) Motion for Judgment on the Pleadings filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, Declaration of Deputy District Director)(Bird, Kenneth) (Entered: 12/12/2006)
9 REPLY to Response to Motion re 7 MOTION to Dismiss and Rule 12(c) Motion for Judgment on the Pleadings Defendant Sara Lee Corporation's Reply Brief In Support Of Its Motion To Dismiss filed by Defendant Sara Lee Corporation. (Evans, Lisa) (Entered: 12/27/2006)
10 NOTATION ORDER granting 3 Motion to Intervene by Ava Smith-Thompson as a Party Plaintiff. Signed by Judge S Arthur Spiegel on 1/10/2007. (km1, ) (Entered: 01/11/2007)
Remark - Counsel for Intervenor Plaintiff is hereby directed to electronically file their Complaint via CM/ECF. (km1, ) (Entered: 01/11/2007)
11 Intervenor COMPLAINT Against Defendant Sara Lee Corporation, filed by Intervenor Plaintiff Ava Smith-Thompson, Defendant Sara Lee Corporation.(Wood, Carol) (Entered: 01/15/2007)
12 STIPULATION re 11 Intervenor Complaint For Defendant Sara Lee Corporation to Answer, Move or Otherwise Plead In Response To Complaint Filed By Plaintiff-Intervenor, Ava Smith-Thompson by Intervenor Plaintiff Ava Smith-Thompson, Plaintiff Equal Employment Opportunity Commission, Defendant Sara Lee Corporation. (Evans, Lisa) (Entered: 02/06/2007)
13 AGREED ORDER extending time until 3/25/07 for Sara Lee to plead, answer, or otherwise respond to 11 Intervenor Complaint. Signed by Judge S Arthur Spiegel

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03/26/2007
04/17/2007
04/18/2007 04/19/2007 04/26/2007
06/01/2007 07/20/2007 08/08/2007 08/09/2007

on 3/6/07. (scot1, ) (Entered: 03/06/2007)
14 MOTION to Dismiss And Rule 12(c) Motion For Judgment On The Pleadings In Response To The Complaint Of Plaintiff-Intervenor, Ava Smith Thompsonby Defendant Sara Lee Corporation. Responses due by 4/19/2007 (Attachments: # 1 Exhibit A - Complaint# 2 Exhibit B - EEOC, Plaintiff, BARBARA ASTON, Proposed Intervenor-Appellant v. OLSTEN STAFFING SERVICES, INC., Defendant-Appellee.)(Evans, Lisa) Modified docket text on 3/27/2007 (eh1, ). (Entered: 03/26/2007)
15 Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss Defendant Sara Lee Corporation's Combined Rule 12(b)(6) Motion To Dismiss And Rule 12(c) Motion For Judgment On The Pleadings In Response To The Complaint Of Plaintiff-Intervenor, Ava Smith Thompson New date requested 4/26/2007. by Intervenor Plaintiff Ava Smith-Thompson. (Wood, Carol) (Entered: 04/17/2007)
16 NOTATION ORDER granting 15 Motion for Extension of Time to File Response re 14 MOTION to Dismiss. Responses due by 4/26/2007. Signed by Judge S Arthur Spiegel on 4/18/07. (scot1, ) (Entered: 04/18/2007)
17 NOTICE of Hearing:Preliminary Pretrial Conference set for 6/28/2007 09:30 AM in chambers before S Arthur Spiegel. (km1, ) (Entered: 04/19/2007)
18 RESPONSE in Opposition re 14 MOTION to Dismiss Defendant Sara Lee Corporation's Combined Rule 12(b)(6) Motion To Dismiss And Rule 12(c) Motion For Judgment On The Pleadings In Response To The Complaint Of Plaintiff-Intervenor, Ava Smith Thompson MOTION to Dismiss Defendant Sara Lee Corporation's Combined Rule 12(b)(6) Motion To Dismiss And Rule 12(c) Motion For Judgment On The Pleadings In Response To The Complaint Of Plaintiff-Intervenor, Ava Smith Thompson filed by Intervenor Plaintiff Ava Smith-Thompson. (Attachments: # 1 Exhibit Declaration of Carol S. Wood) (Wood, Carol) (Entered: 04/26/2007)
19 NOTICE of Hearing:Preliminary Pretrial Conference RESET for 7/19/2007 09:30 AM in chambers before S Arthur Spiegel. (km1, ) (Entered: 06/01/2007)
20 NOTICE of Hearing: Preliminary Pretrial Conference RESET for 8/28/2007 03:00 PM in chambers before Judge S Arthur Spiegel. (km1, ) (Entered: 07/20/2007)
21 NOTICE of Voluntary Dismissal by the parties. (Bird, Kenneth) Modified on 8/12/2007 (tt1, ). (Entered: 08/08/2007)
22 ORDER DISMISSING CASE with prejudice pursuant to the Notice of Voluntary Dismissal by Stipulation 21. Each side will bear its own costs and fees. Signed by Judge S Arthur Spiegel on 8/8/2007. (km1, ) Modified Docket Text on 8/9/2007 (km1, ). (Entered: 08/09/2007)

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