IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

MARVIN JUSTICE, TOVE 

TARPGAARD, SCOTT DEAVILLA and 

AMAL SHAH, on behalf of themselves 

and all others similarly situated

Plaintiffs,

v.

CVS CAREMARK CORPORATION, et 

al.,

Defendants.

___________________________________

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CIVIL ACTION NO.: 

12 Civ. 02915 (GWL)

JOINT STIPULATION OF DISMISSAL WITH PREJUDICE AND

JOINT MOTION FOR APPROVAL OF SETTLEMENT 

Plaintiffs Marvin Justice, Tove Tarpgaard, Scott DeAvilla, and Amal Shah and

Defendants CVS Caremark Corporation, Caremark PHC, L.L.C., Caremark, L.L.C., Pharmacare 

Management Services, Inc., and Caremark Rx, L.L.C. (collectively “the Parties”), hereby notify 

the Court that the Parties have resolved this action and all claims raised herein and hereby 

stipulate to the voluntary dismissal with prejudice of this action in its entirety pursuant to FED. R. 

CIV. P. 41(a). The Parties also move the Court for entry of an Order approving the Parties’ fully 

executed settlement agreement (submitted in camera) and show the Court as follows:

1. This case involved claims for alleged unpaid overtime wages pursuant to the Fair 

Labor Standards Act, 29 U.S.C. § 201, et seq. (“FLSA”). 

2. Pursuant to the Court’s May 16, 2012 Order, the Parties held an in-person 

settlement conference. 

3. During the settlement conference, the Parties reached a settlement of Plaintiffs’

claims asserted in this case.

Case: 1:12-cv-02915 Document #: 48 Filed: 07/20/12 Page 1 of 5 PageID #:786
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4. In the context of a private settlement of an FLSA claim, parties may present their 

settlement agreement to a District Court to obtain an order approving the fairness 

of the settlement. See 29 U.S.C. § 216(c); Butler v. Am. Cable & Tel., LLC, No. 

09 CV 5336, 2011 WL 4729789, at *9 n.9 (N.D. Ill. Oct. 6, 2011) (citing Pessoa 

v. Countrywide Home Loans, Inc., 06 CV 1419, 2007 WL 101757, at *2 (M.D. 

Fla. Apr. 2, 2007); Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 

(11th Cir. 1982). 

5. During this litigation, the Parties were represented by experienced counsel.

6. The settlement negotiated and reached by the Parties reflects a fair and reasonable 

compromise of the disputed issues. Plaintiffs and their counsel discussed the 

viability of their claims and formulated their own proposed settlement figures. 

The Parties then engaged in settlement discussions, based upon their independent 

assessment of the merits of the Plaintiffs’ claims. The Supreme Court’s recent 

decision in Christopher v. SmithKline Beecham Corp., 132 S. Ct. 2156 (2012),

which held that pharmaceutical sales representatives, are exempt from the 

minimum wage and overtime requirements of the FLSA because they are covered 

by the outside salesman exemption informed the parties during the negotiation. 

7. The Parties, through their attorneys, voluntarily agreed to the terms of their 

settlement during negotiations. All Parties were counseled and represented by 

their respective attorneys throughout the litigation and settlement process. 

8. Paragraphs 2(a)-(c) of the Confidential Settlement Agreement executed in July 

2012, set forth the specific consideration provided to Plaintiffs to resolve their 

Case: 1:12-cv-02915 Document #: 48 Filed: 07/20/12 Page 2 of 5 PageID #:787
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claims and resolution of attorney’s fees. (See Settlement Agreement submitted in 

camera).

9. Plaintiffs agree that the settlement of their claims is fair and reasonable under the 

circumstances. 

10. Plaintiffs join Defendants in the stipulation of dismissal of this action with 

prejudice.

11. The Parties respectfully request that this Court approve the settlement agreement 

of the Parties. 

12. The Parties jointly dismiss this action with prejudice. 

Respectfully submitted, this 20th day of July, 2012.

s/_William S. Heyman_

Harold M. Walter

William S. Heyman

Ken C. Gauvey

Offit Kurman, P.A.

8171 Maple Lawn Blvd., Suite 200

Maple Lawn, MD 20759

Counsel for Plaintiffs

s/ James J. Swartz, Jr.

Nancy E. Rafuse

(Admitted Pro Hac Vice)

James J. Swartz, Jr.

(Admitted Pro Hac Vice)

Ashe Rafuse & Hill LLP

1355 Peachtree Street, N.E., Suite 500

Atlanta, Georgia 30309-3232

Telephone: (404) 253-6000

Facsimile: (404) 253-6060

nancyrafuse@AsheRafuse.com

jimswartz@AsheRafuse.com

David M. Simon (6201941)

Edwards Wildman Palmer LLP

225 West Wacker Drive

Chicago, Illinois 60606

Telephone: (312) 201-2000

Facsimile: (312) 201-2555

dsimon@edwardswildman.com

Counsel for Defendants

Case: 1:12-cv-02915 Document #: 48 Filed: 07/20/12 Page 3 of 5 PageID #:788
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

MARVIN JUSTICE, TOVE 

TARPGAARD, SCOTT DEAVILLA and 

AMAL SHAH, on behalf of themselves 

and all others similarly situated

Plaintiffs,

v.

CVS CAREMARK CORPORATION, et 

al.,

Defendants.

___________________________________

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CIVIL ACTION NO.: 

12 Civ. 02915 (GWL)

CERTIFICATE OF SERVICE

I hereby certify that on July 20, 2012, I electronically filed the foregoing JOINT 

STIPULATION OF DISMISSAL WITH PREJUDICE AND JOINT MOTION FOR 

APPROVAL OF SETTLEMENT with the Clerk of the Court using CM/ECF, which will send 

electronic notification of such filing to the following counsel of record:

Harold M. Walter

William S. Heyman

Ken C. Gauvey

Offit Kurman, P.A.

8171 Maple Lawn Blvd., Suite 200

Maple Lawn, MD 20759

s/ James J. Swartz, Jr.

Nancy E. Rafuse

(Admitted Pro Hac Vice)

James J. Swartz, Jr.

(Admitted Pro Hac Vice)

Ashe Rafuse & Hill LLP

1355 Peachtree Street, N.E., Suite 500

Atlanta, Georgia 30309-3232

Telephone: (404) 253-6000

Facsimile: (404) 253-6060

nancyrafuse@AsheRafuse.com

Case: 1:12-cv-02915 Document #: 48 Filed: 07/20/12 Page 4 of 5 PageID #:789
2

jimswartz@AsheRafuse.com

David M. Simon

6201941

Edwards Wildman Palmer LLP

225 West Wacker Drive

Chicago, Illinois 60606

Telephone: (312) 201-2000

dsimon@edwardswildman.com

Counsel for Defendants

Case: 1:12-cv-02915 Document #: 48 Filed: 07/20/12 Page 5 of 5 PageID #:790