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In re Allegiant Travel co.

United States District Court, D. Nevada

May 13, 2019

IN RE ALLEGIANT TRAVEL CO. STOCKHOLDER DERIVATIVE LITIGATION

          MUCKLEROY LUNT, LLC, Martin A. Muckleroy (#009634), Liaison Counsel for Plaintiffs

          BRAGAR EAGEL & SQUIRE, P.C., David J. Stone, Melissa A. Fortunato, GLANCY PRONGAY & MURRAY LLP, Matthew M. Houston, Benjamin I. Sachs-Michaels, GLANCY PRONGAY & MURRAY LLP, Robert V. Prongay, Lesley F. Portnoy Co-Lead Counsel for Plaintiffs

          GREENBERG TRAURIG LLP, Mark E. Ferrario (SBN 1625), Jacob D. Bundick (SBN 9772), Christopher R. Miltenberger (SBN 10153), GREENBERG TRAURIG, LLP, Daniel J. Tyukody (pro hac vice) 1840, Counsel for Defendants

          STIPULATION AND [PROPOSED] ORDER FOR LIMITED STAY OF PROCEEDINGS

          C.W. HOFFMAN, JR. UNITED STATES MAGISTRATE JUDGE

         WHEREAS, on September 26, 2018, Mark Fullenkamp filed a verified shareholder derivative complaint in this Court, and on July 20, 2018, Charles Blackburn filed a verified shareholder derivative complaint in the United States District Court for the Central District of California, which was transferred to this Court on October 10, 2018;

         WHEREAS, on January 8, 2019, the Court entered an order consolidating the two derivative actions under the caption In re Allegiant Travel Co. (the "Federal Derivative Action") and appointing Co-Lead and Liaison Counsel;

         WHEREAS, on April 8, 2019, Plaintiffs filed a Verified Consolidated Stockholder Derivative Complaint;

         WHEREAS, the Federal Derivative Action alleges claims against defendants Maurice J. Gallagher, Jr., John T. Redmond, Gregory Anderson, Scott Sheldon, Eric Gust, Charles W. Pollard, Linda A. Marvin, Gary E. Ellmer, and Montie R. Brewer (the "Individual Defendants") and Allegiant Travel Company ("Allegiant" or "Nominal Defendant," and together with Individual Defendants, the "Defendants");

         WHEREAS, a related securities fraud class action captioned Checkman v. Allegiant Travel Co., et al, No. 2:18-cv-01758-APG-PAL is pending before this Court (the "Securities Class Action");

         WHEREAS, the Securities Class Action arises from similar facts and also names as defendants several of the Individual Defendants;

         WHEREAS, defendants' motion to dismiss the Securities Class Action is fully briefed and the parties have requested oral argument;

         WHEREAS, the Court's ruling on the motion to dismiss in the Securities Class Action may inform proceedings in the Federal Derivative Action;

         WHEREAS, a subsequently filed shareholder derivative action arising from the same facts as the Derivative Action, captioned Woolery v. Gallagher, et al, No. A-18-785044-C, is pending the Eighth Judicial District Court of the State of Nevada in and for Clark County (the "State Court Action");

         WHEREAS, Defendants have moved the state court to stay the State Court Action in favor of the Securities Class ...


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