The opinion of the court was delivered by: Hon. John A. Mendez
NOTICE OF CONDITIONAL SETTLEMENT, STIPULATED REQUEST AND ORDER FOR STAY
COMPLAINT FILED: April 8, 2011
Plaintiff Richard Nelson and Defendant Dollar Tree Stores, Inc. (jointly "the Parties") hereby notify the Court that they have reached a settlement, on a settlement class basis, subject to Court approval. The Parties will file a Joint Motion for Preliminary Approval of Class Action Settlement ("Joint Motion") by October 24, 2011. The agreements reached are for settlement purposes only. Defendant continues to deny liability and that the matter is amenable to class treatment. In the interest of efficiencies for the Parties and the Court, counsel for both Parties stipulate and request that all further proceedings in this matter be stayed pending the Court's hearing of such Joint Motion.
Should the settlement not be approved or should there be a failure to meet any other contingency in the Joint Stipulation for Class Action Settlement and Release which the Parties will present to the Court with the Joint Motion, each Party shall be restored to the position he/it holds as of the date of this Stipulation and requested Order. With regard to the one currently pending deadline, Defendant shall have 10 days from the date the settlement is not approved, or otherwise fails, to respond to Plaintiff's First Amended Complaint filed on September 2, 2011, including filing a Motion to Dismiss and/or Strike such pleading.
The Parties note that the Joint Motion will be filed significantly in advance of the dates set relative to the Class Certification Motion in the Court's 7/18/2011 Minute Order (Dkt # 18). (The cut-off date for Plaintiff's class certification motion is 3/30/2012.)
I HEREBY ATTEST THAT THE CONTENT OF THIS DOCUMENT IS ACCEPTABLE TO ALL PERSONS REQUIRED TO SIGN IT.
Dated: September 12, 2011 Respectfully submitted, /s/ Michael Malk CRAIG J. ACKERMANN DEVIN COYLE ACKERMANN & TILAJEF, P.C. MICHAEL MALK MICHAEL MALK, ESQ., APC Attorneys for Plaintiff RICHARD NELSON Dated: September 12, 2011 Respectfully submitted, /s/ Maureen E. McClain MAUREEN E. MCCLAIN MATTHEW P. VANDALL AIMEE E. AXELROD LITTLER MENDELSON A Professional Corporation Attorneys for Defendant DOLLAR TREE STORES, INC.
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