Atkinson et al v. Wal-Mart Stores, Inc. et al

Filing 62

ORDER: The Order Granting Preliminary Approval of the Class Action Settlement 61 is VACATED. Signed by Judge James S. Moody, Jr on 6/30/2011. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

WAYNE ATKINSON, et al.,
Plaintiffs,
v.

Case No. 8:08-cv-691-T-30TBM

WAL-MART STORES, INC., et al.,
Defendants.
_____________________________________/

ORDER
THIS CAUSE comes before the Court sua sponte. The Court’s Order granting
Preliminary Approval of the Class Action Settlement (Dkt. 61) was entered in error as the
Court overlooked the fact that the case was still pending in the Eleventh Circuit Court of
Appeal.
It is therefore ORDERED AND ADJUDGED that the Order Granting Preliminary
Approval of the Class Action Settlement (Dkt. 61) is VACATED. Acting in accordance with
Eleventh Circuit Rule 12.1-1(c)(2), the Court intends to grant preliminary approval of the
class action settlement with an order similar to the one entered in error, should the Appellate
Court return jurisdiction to this Court.
DONE and ORDERED in Tampa, Florida on June 30, 2011.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2008\08-cv-691.vacate.frm