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)

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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: (901) 763-4200 ·FACSIMILE: (901) 684-1768 JAMES M. SIMPSON 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 1 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. 2

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