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

FEDERAL TRADE COMMISSION
6th & Pennsylvania Avenue, N.W.
Washington, D.C. 20580
Plaintiff

v.

SCHNUCK MARKETS, INC.
11420 Lackland Road
St. Louis, Missouri 63146-6928
Defendant.

Civil Action No.

STIPULATION

It is stipulated by and between the undersigned parties, by their respective attorneys, that:

(1) the parties consent that the Court may file and enter a Consent Judgment in the form attached to this Stipulation, on the Court's own motion or on the motion of any party at any time, and without further notice to any party or other proceedings, if Plaintiff has not withdrawn its consent, which it may do at any time before the entry of judgment by serving notice of its withdrawal on Defendant Schnuck Markets, Inc. ("Schnucks") and filing that notice with the Court;

 

(2) Schnucks denies the allegations in the complaint, and Schnucks' consent to the entry of the Stipulation and Consent Judgment shall not be evidence of or an admission to any violation of the Order in FTC Docket No. C-3585.

 

(3) the attached Consent Judgment is a final and complete settlement of all claims, whether asserted or unasserted and whether known or unknown, between the parties relating to Paragraph II of the Order in FTC Docket No. C-3585.

 

(4) Schnucks authorizes Christopher J. MacAvoy, Esquire, to accept service of all process in this matter on its behalf; and

 

(5) in the event Plaintiff withdraws its consent or if the proposed Consent Judgment is not entered pursuant to this Stipulation, this Stipulation shall become null and void, be of no effect whatever and the making of this Stipulation shall be without prejudice to any party in this or any other proceeding.

Dated:

FOR THE DEFENDANT SCHNUCK MARKETS, INC.:

FOR THE PLAINTIFF FEDERAL TRADE COMMISSION:

Roberta S. Baruch
Deputy Assistant Director

Kenneth A. Libby
Attorney

Anne R. Schenof
Attorney
Bureau of Competition
Federal Trade Commission
Washington, D.C. 20580
(202) 326-2687