Evans v. Wal-Mart Stores, Inc.

Full title: CHARDE EVANS, Plaintiff, v. WAL-MART STORES, INC., et al., Defendants

Court: United States District Court, D. Nevada

Date published: Oct 29, 2010

2:10-CV-1224 JCM (LRL) (D. Nev. Oct. 29, 2010)

Opinion

2:10-CV-1224 JCM (LRL).

October 29, 2010

ORDER

JAMES MAHAN, District Judge

Presently before the court is defendant Wal-Mart Stores, Inc.'s motion to dismiss and/or in the alternative for partial summary judgment. (Doc. #18). The plaintiff filed a statement of non-opposition. (Doc. #22).

The instant motion seeks to dismiss those claims which overlap with and have been released as part of a class action settlement approved by Judge Pro as part of the settlement of In re: Employment Practices Litigation, MDL No. 1735, 2:06-cv-225-PMP-PAL. In the notice of non-opposition, plaintiff agrees not to assert any claims that occurred prior to February 27, 2009, the effective date of the settlement in Judge Pro's case. (Doc. #22).

Accordingly,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Wal-Mart Stores, Inc.'s motion to dismiss is hereby GRANTED. The defendant shall prepare an appropriate order outlining which claims overlap with the settlement and should be dismissed.

DATED October 29, 2010.