United States District Court, D. Nevada
IN RE ALLEGIANT TRAVEL CO. STOCKHOLDER DERIVATIVE LITIGATION
MUCKLEROY LUNT, LLC, Martin A. Muckleroy (#009634), Liaison
Counsel for Plaintiffs
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
HOFFMAN, JR. UNITED STATES MAGISTRATE JUDGE
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;
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;
on April 8, 2019, Plaintiffs filed a Verified Consolidated
Stockholder Derivative Complaint;
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
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");
the Securities Class Action arises from similar facts and
also names as defendants several of the Individual
defendants' motion to dismiss the Securities Class Action
is fully briefed and the parties have requested oral
the Court's ruling on the motion to dismiss in the
Securities Class Action may inform proceedings in the Federal
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
Defendants have moved the state court to stay the State Court
Action in favor of the Securities Class ...