UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS – CM/ECF LIVE, VER 5.0.3

EASTERN DIVISION

KERRY SACHS, et al.,

Plaintiffs,

v.

BANKERS LIFE AND CASUALTY 

COMPANY, et al.

Defendant.

CASE NO.: 1:12-cv-04156

Honorable James B. Zagel

STIPULATION OF DISMISSAL WITH PREJUDICE AND JOINT MOTION FOR 

COURT APPROVAL OF SETTLEMENT AGREEMENT AND STIPULATION 

OF DISMISSAL AND LEAVE TO FILE THE SETTLEMENT AGREEMENT 

WITH THE COURT UNDER SEAL

All of the parties in the above-captioned action, namely Plaintiffs Gary Doty, Aaron 

Gordon, Richard Macht, Adam Patterson, Blake H. Ryan, Paul Richard, Kerry Sachs, and 

Richard Waxman (“PLAINTIFFS”), and Defendant Bankers Life and Casualty Company 

(“BANKERS”), jointly move the Court, pursuant to Federal Rule 41 (a)(1)(ii), to dismiss this 

action, which alleged violations of the Fair Labor Standards Act of 1938, as amended, 29 

U.S.C.A. §§ 201 et seq. (the “FLSA”), with prejudice, and to approve, as required by the FLSA, 

the terms of the PLAINTIFFS’ and the DEFENDANT’S (collectively the “PARTIES”), 

proposed Confidential Settlement Agreement and General Release (“AGREEMENT”) which 

incorporates the terms of settlement reached by the PARTIES, subject to the approval of the 

Court.

The PARTIES will also be submitting the AGREEMENT to the Court for review, and, as 

set forth below, respectfully ask that the Court allow the PARTIES to submit the AGREEMENT 

under seal, at least in the first instance. The PARTIES believe that no prejudice will result by 

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maintaining the confidentiality of the AGREEMENT, and also believe the Court after reviewing 

the AGREEMENT would agree. Of course, the PARTIES will abide by the Court’s preference in 

this regard.

The PARTIES submit that the proposed AGREEMENT is fair and reasonable, reached at 

arms’ length, after substantial pre-trial proceedings, including, among other things, extensive 

briefing on DEFENDANT’S contested Motions to: (a) Dismiss three of the four Counts of the 

PLAINTIFFS’ Complaint, and (b) Dismiss or, in the alternative, transfer the case from the 

District Court for the Southern District Court in Florida (where the case was originally filed) to 

this Court based on a choice of venue provision, which the Florida District Court held to be 

enforceable and resulted in the transfer by the Florida District Court to this Court. Following the 

transfer, this Court granted in part and denied in part DEFENDANT’S Motion to dismiss three of 

the Counts alleged in its Order of July 26, 2012 [DE 54]. Prior to entering into the proposed 

AGREEMENT, the PARTIES’ respective counsel met, both by telephone and in person, on a 

number of occasions, exchanged precedents and had access to an initial round of interrogatories 

and documents under the Southern Florida District Court’s FLSA Scheduling Order. The 

proposed AGREEMENT has, as indicated below and in the AGREEMENT itself, been approved 

by all of the PARTIES.

In summary, the proposed AGREEMENT represents the considered judgment of the 

PARTIES’ counsel, after weighing all of the potential risks, resources and time that further 

litigation, including potential appeals, would entail, and the PARTIES agreement with counsels’ 

conclusion. 

WHEREFORE, all of the PARTIES to the above-captioned action hereby move the Court 

to Order, of So Order this document providing the following relief:

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A. Approving the Stipulation of Settlement, and entering a final Judgment dismissing this 

action, with prejudice, and in accordance with the terms of the PARTIES’ proposed 

AGREEMENT;

B. Grant the PARTIES leave to file the proposed AGREEMENT under seal;

C. Approve the proposed AGREEMENT as fair and reasonable, and incorporate the 

terms of the proposed AGREEMENT in the final Judgment.

The respective undersigned PARTIES and their respective counsel, hereby stipulate and agree to: 

the Court entering a Judgment dismissing the above-captioned case with prejudice, and 

incorporating the terms of the proposed AGREEMENT; entering an Order permitting the 

PARTIES to submit the proposed AGREEMENT under seal; and approving the AGREEMENT 

as fair and reasonable.

[PAGE INTENTIONALLY LEFT SHORT]

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Respectfully submitted,

Dated this 2nd day of August, 2012

Alan C. Kauffman (via electronic mail consent)

Alan C. Kauffman 

Alan C. Kauffman & Associates, P.A. 

Counsel for Plaintiffs

Florida Bar No. 495042

4400 North Federal Highway, Suite 122

Boca Raton, Florida 33431

Telephone: (561) 361-7500

Fax: (561) 361-7827

Attorney for Plaintiffs,

Kerry Sachs, et al.

Dated this 2nd day of August, 2012

/s/ David K. Haase

David K. Haase (6201278)

Raven A. Winters (6291077)

LITTLER MENDELSON, P.C.

321 North Clark Street, Suite 1000

Chicago, IL 60654

(312) 372-5520

(312) 372-7880 (Fax)

Attorneys for Defendant,

Bankers Life and Casualty Co., 

 

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CERTIFICATE OF SERVICE

This document was filed electronically on this 3rd day of August, 2012. Parties may 

access this filing via the Court’s electronic filing system.

/s/ David K. Haase__

 David K. Haase

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