Stipulated Order — MAG Enterprises, Inc, et al., Civil Action No. 21-2213 (Document 49)

Summary

A stipulated order regarding stay pending settlement filed June 1, 2022 as Document 49 in MAG Enterprises, Inc, et al. v. United States Small Business Administration, et al., Case 5:21-cv-02213-EGS, in the U.S. District Court for the Eastern District of Pennsylvania. It recites that the Court has approved stipulations staying all litigation deadlines since December 20, 2021, and that on March 31, 2022 counsel told the Court the parties had agreed to settlement terms. It states the parties are exchanging information so the Small Business Administration can review and process settling plaintiffs' Restaurant Revitalization Fund applications, and that settling plaintiffs will file a stipulation of dismissal with prejudice within 10 days of grant payments. It extends the stay and requires a joint status report by June 30, 2022 absent an earlier dismissal. Judge Edward G. Smith approved it.

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Full text

        Case 5:21-cv-02213-EGS            Document 49        Filed 06/01/22    Page 1 of 2




                    IN THE THE UNITED STATES DISTRICT COURT
                   FOR THE EASTERN DISTRICT OF PENNSYLVANIA


MAG ENTERPRISES, INC, et al.,                          :
                                                       :
               Plaintiffs,                             :
                                                       :
       v.                                              :       CIVIL ACTION NO. 21-2213
                                                       :
UNITED STATES SMALL BUSINESS                           :
ADMINISTRATION, et al.,                                :
                                                       :
               Defendants.                             :

                               STIPULATED ORDER REGARDING
                                 STAY PENDING SETTLEMENT

       WHEREAS, counsel for the parties have previously advised that they had reached a

settlement in principle subject to final documentation and approvals;

       WHEREAS, since December 20, 2021, the Court has approved the parties’ stipulations

staying all litigation deadlines until further order (the “Stay”);

       WHERAS, pursuant to the Court’s order, on March 31, 2022, counsel for the parties

advised the Court that the parties have agreed to the terms of a settlement agreement;

       WHEREAS, the parties have been working cooperatively to exchange information to

allow the Small Business Administrative to review and process settling plaintiffs’ Restaurant

Revitalization Fund applications pursuant to the terms of the settlement and are finalizing the

relevant payments;

       WHEREAS, pursuant to the terms of the settlement, within 10 days of the Small Business

Administration’s payment of all grants to which the settling plaintiffs may be entitled under the

terms of the settlement (subject to resolution by the Court of any disputes that may arise as to
        Case 5:21-cv-02213-EGS             Document 49         Filed 06/01/22       Page 2 of 2




grant eligibility), the settling plaintiffs shall file a stipulation of dismissal of all claims with

prejudice, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure;

        THEREFORE, the Stay is extended and, if the parties have not filed a stipulation of

dismissal beforehand, the parties shall file a joint status report with the Court no later than June

30, 2022.



Respectfully submitted,

/s/ Bradley J. Shafer                            /s/ Matthew E. K. Howatt
BRADLEY J. SHAFER                                MATTHEW E. K. HOWATT
Shafer & Associates, P.C.                        Assistant United States Attorney
3800 Capital City Blvd., Suite 2                 615 Chestnut Street, Suite 1250
Lansing, MI 48906                                Philadelphia, PA 19106
(215) 886-6560                                   (215) 861-8335
Attorney for Plaintiffs                          Attorney for Defendants

APPROVED AND SO ORDERED.


/s/ Edward G. Smith            Dated: 6/1/2022
HONORABLE EDWARD G. SMITH, U.S.D.J




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