Shaev v. Lance, Inc. et al

Filing 29

ORDER granting 28 Motion to Stay, matter is stayed pending closing. Plaintiff to file voluntary dismissal with prejudice within three business days following the Closing. If Voluntary dismissal is not filed by 12/15/10, parties are ordered to file status report by that date. Signed by Magistrate Judge David Keesler on 11/15/10. (bsw)

-DCK Shaev v. Lance, Inc. et al

Doc. 29

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:10-CV-433-RJC-DCK

DAVID SHAEV, individually and ) on behalf of all others similarly situated, ) ) Plaintiff, ) ) v. ) ) LANCE, INC., DAVID V. SINGER, W.J. ) PREZZANO, JAMES W. JOHNSTON, ) S. LANCE VAN EVERY, DAN C. ) SWANDER, WILLIAM R. HOLLAND, ) JEFFREY A. ATKINS, J.P. BOLDUC, ) ISAIAH TIDWELL, and SNYDER'S ) OF HANOVER, INC., ) ) Defendants. ) ___________________________________ )

ORDER

THIS MATTER IS BEFORE THE COURT on the "Consent Motion And Order For Stay" (Document No. 28) filed November 15, 2010. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §636(b), and immediate review is appropriate. Having carefully considered the motion, noting consent of the parties, and for good cause shown, the undersigned will grant the motion. The Parties to this action have reached a settlement in principle of the dispute that underlies this civil action. This settlement is contingent upon the closing of the proposed merger between Defendants Lance, Inc., Lima Merger Corp., and Snyder's of Hanover, Inc. substantially in accordance with their Agreement and Plan of Merger, dated as of July 21, 2010, as amended (the "Closing"). The parties seek to stay this matter pending the Closing. IT IS, THEREFORE, ORDERED that the "Consent Motion And Order For Stay" (Document No. 28) is GRANTED. This matter is STAYED pending the Closing. Plaintiff shall

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file a Voluntary Dismissal with Prejudice within three (3) business days following the Closing. If Plaintiff's Voluntary Dismissal is not filed before December 15, 2010, the parties shall file a status report with the Court by that date.

Signed: November 15, 2010

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