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Stipulated Order — MAG Enterprises, Inc, et al., Civil Action No. 21-2213 (Document 48)

Document type
order
Date
2021-12-20

Summary

A stipulated order regarding stay pending settlement in MAG Enterprises, Inc, et al. v. United States Small Business Administration, et al., Civil Action No. 21-2213, in the U.S. District Court for the Eastern District of Pennsylvania, filed May 2, 2022 as Document 48. It recites that litigation deadlines have been stayed since December 20, 2021, and that on March 31, 2022 counsel advised the parties had agreed to the terms of a settlement agreement. The recitals state that the agency is to review settling plaintiffs' Restaurant Revitalization Fund applications, and that those plaintiffs will file a stipulation of dismissal under Rule 41(a)(1)(A)(ii) within 10 days of payment of grants. The order extends the stay and requires a joint status report by May 31, 2022 absent a dismissal. Counsel for both sides sign it and Judge Edward G. Smith approves it.

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Cite this document

“Stipulated Order — MAG Enterprises, Inc, et al., Civil Action No. 21-2213 (Document 48).” Original at storage.courtlistener.com, dated 2021-12-20. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-12-20-stipulated-order-regarding-e189d916-1/, SHA-256 e189d9166cb4dc6e35a7144fbe25fd533a663f38a963b27390213af6a68c2695.

Full text

        Case 5:21-cv-02213-EGS             Document 48         Filed 05/02/22       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 are 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;

        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

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;
       Case 5:21-cv-02213-EGS            Document 48        Filed 05/02/22      Page 2 of 2




       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 May

31, 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: May 2, 2022
HONORABLE EDWARD G. SMITH, U.S.D.J




                                                  2

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