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Pinkerton v. Limantzakis Properties L.L.C.

United States District Court, W.D. Washington, Seattle

September 6, 2017

SEAN PINKERTON, Plaintiff,
v.
LIMANTZAKIS PROPERTIES L.L.C. Defendants.

          NOTED FOR HEARING: August 14, 2017

          MacDONALD HOAGUE & BAYLESS Joe Shaeffer, WSBA # 33273 Attorneys for Plaintiff

          DONOVAN EMPLOYMENT LAW PLLC W. Robert Donovan, Jr. WSBA # Attorneys for Plaintiff

          STOKES LAWRENCE Kelby Fletcher, WSBA # 5623 Attorneys for Defendant

          STIPULATION AND ORDER REGARDING PARTIES, FLSA JURISDICTION AND COVERAGE, PERSONAL GUARANTY, AND AMENDMENT TO ANSWER

          HONORABLE THOMAS S. ZILLY

         STIPULATION

         The parties make the following stipulations regarding issues in this case:

         1. Plaintiff agrees to dismiss claims against all defendants, other than LP2A LLC: Limantzakis Properties LLC, Limantzakis Properties No. 1 LLC, Limantzakis Properties No. 2 LLC, Limantzakis Development LLC, John Limantzakis, Polette Limantzakis, Johnny Limantzakis, and Johnette Limantzakis (a.k.a. Johnette Katsanevas). Defendants will file a stipulated motion to dismiss those defendants and to modify the caption in this lawsuit to reflect the dismissal. The purpose of this dismissal is to remove the "Limantzakis" name from the caption of the complaint, and does not reflect any admission on behalf of either party regarding the validity of the claims asserted against the defendants to be dismissed.

         2. All Defendants currently in this case (Limantzakis Properties LLC, Limantzakis Properties No. 1 LLC, Limantzakis Properties No. 2 LLC, Limantzakis Development LLC, John Limantzakis, Polette Limantzakis, Johnny Limantzakis, Johnette Limantzakis (a.k.a. Johnette Katsanevas), and LP2A LLC), agree that LP2A LLC is an "employer" within the meaning of the Fair Labor Standards Act ("FLSA"), though this does not limit LP2A LLC's ability to argue that Plaintiff was an independent contractor or tenant or both. All Defendants agree that any of their actions relevant to the claims in this case may be attributed to LP2A LLC. All Defendants agree that they will not take the position that LP2A LLC is the wrong defendant or is otherwise an improper defendant with respect to Plaintiffs claims, or is not responsible for the actions of any of the other presently named Defendants.

         3. All Defendants agree that LP2A LLC is subject to FLSA jurisdiction and coverage, and that all predicate facts supporting such jurisdiction and coverage are conceded and admitted, including that LP2A LLC is an enterprise engaged in commerce or in the production of goods for commerce. This agreement is made to avoid a large amount of discovery that would be undertaken to prove such factual predicates. This does not limit LP2A LLC's ability to argue that Plaintiff was an independent contractor or tenant, or both.

         4. As consideration for having the above named Defendants containing "Limantzakis" dismissed from this lawsuit and removed from the caption, on or before the day Defendants file the stipulated motion per paragraph 1 above, Defendant John A. Limantzakis shall execute and present to Plaintiffs counsel a personal guaranty to pay any final judgment Plaintiff obtains in this case, should Defendant LP2A LLC fail to pay the judgment. The guaranty shall be in the mutually-agreed upon form as set forth in Exhibit A to this Stipulation, including expressly stating that it shall survive Mr. Limantzakis and will remain in full force and effect and be binding upon his estate. Plaintiff shall move to collect on this guaranty only once the judgment is final and after all appeals have been exhausted. Nothing in this agreement precludes Plaintiff from executing any judgment against LP2A LLC during any appeal (or filing a claim in probate prior to the guaranty becoming due, if circumstances necessitate); nor does it preclude Defendants from staying execution of the judgment through supercedeas bond or posting security in the registry of the court deemed acceptable to the court.

         5. Once this stipulation is entered, the other Defendants bearing the "Limantzakis" name are dismissed and removed from the caption, and Mr. Limantzakis has provided Plaintiff with the executed personal guarantee, Plaintiff stipulates that Defendant LP2A LLC may file an amended Answer to the complaint (pursuant to FRCP 8(c)(2) and 15(a)(2)) to assert a Counterclaim for damages alleging that Mr. Pinkerton wrongfully appropriated space at the subject motel owned by LP2A LLC. Nothing in this paragraph shall be construed as an admission by Plaintiff that the Counterclaim has any merit, or as a limit to Plaintiffs ability to raise any and all defenses against this claim.

         Based upon the above stipulation of the Parties, IT IS SO ORDERED

         EXHIB ...


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