Perez et al v. Family Dollar Services Inc et al

Filing 85

ORDER pursuant to the parties' Joint Request, the case is stayed until 28 July 2014. Stipulation of dismissal due by that date. Signed by Judge D. P. Marshall Jr. on 4/2/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

GASPAR PEREZ and PERLA
MARIA FRANCO CADENA

v.

PLAINTIFFS

No. 3:13-cv-19-DPM

FAMILY DOLLAR SERVICES, INC.;
FAMILY DOLLAR STORES OF ARKANSAS,
INC.; and FAMILY DOLLAR STORES, INC.

DEFENDANTS

TWIN CITY FIRE INSURANCE COMPANY

INTERVENOR

ORDER
Pursuant to the parties' joint request, see attached, the case is stayed
until28 July 2014. Stipulation of dismissal due by that date.
So Ordered.
D.P. Marshall Jr. !/
United States District Judge

ALLEN, SUMMERS, SIMPSON, IJUJJE & GRESHAM
A PROFESSIONAL LIMITED LIABIUTY COMPANY
ATI'ORNEYS AND COUNSELORS

BRINKLEY PLAzA, 80 MONROE AVENUE, SUITE 650, MEMPI-DS, TENNESSEE 38103-2466
TELEPHONE: [phone] ·FACSIMILE: [phone]

JAMES M. SIMPSON
e-mail: [e-mail]

April 2, 2014

Hon. D.P. Marshall, Jr.
United States District Court Judge
500 West Capitol Avenue
Little Rock, Arkansas 72201
Re:

Gaspar Perez, et al. v. Family Dollar Services, Inc., et al.
Civil Action No.: 3:13-cv-19-DPM

Dear Judge Marshall:
This letter is written in response to your Order of March 27, 2014 advising that due to the
settlement reached between the parties, the Court will dismiss all claims against all parties with
prejudice on April 28, 2014 unless a party seeks some relief before that deadline. On behalf of
the Plaintiffs, we are requesting that the Court stay the proceedings rather than dismiss the action
pending the effectuation ofthe settlement of this action.
While the parties have reached a settlement, Defendants have advised that it will take as long as
120 days before the settlement proceeds can be delivered to Plaintiffs. Once the settlement
proceeds have been received by Plaintiffs, Plaintiff Gaspar Perez must satisfy the claims of the
third party intervenor. There is a separate settlement between Plaintiff Perez and the third party
intervenor. Therefore, Plaintiffs request that the Court cancel all pending dates from its calendar
and stay this matter pending the receipt by Plaintiffs of the settlement proceeds in full and
satisfaction of the claims of the third party intervenor by Plaintiff Perez. Once the Settlement
Agreements have been fmalized and executed by the respective Parties; settlement payment
received by Plaintiffs in full; and the third party intervenor's claims have been satisfied by
Plaintiff Perez, the parties will submit a Fed. R. Civ. P. 41 stipulation of dismissal with prejudice
to the Court signed by counsel for all parties
Prior to the submission of this letter, we consulted with Counsel for all parties and we are
pleased to report to the Court that Counsel for all parties consent to staying this matter to

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effectuate the settlement agreements as referenced herein. Thank you for your consideration of
this request.

Cc:

•.

Kirk A. Caraway, Esq.
Betty Ann Milligan, Esq.
Bradford J. Spicer, Esq.
Lawrence A. Sutter, Esq.
Jonathan M. Menuez, Esq.
Scott D. Provencher, Esq.

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