IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

Wal-Mart hereby notifies the Court of the Sixth Circuit’s decision in In re Vertrue Marketing and Sales Practices Litigation, No. 10-3928 (6th Cir. Apr. 16, 2013); see also Dkt. Nos. 58, 59, 65 (discussing district court decision and pending appeal). The ruling bears directly on plaintiffs’ arguments in this case and reaffirms that Andrews v. Orr, 851 F.2d 146 (6th Cir. 1988), stands for the proposition that American Pipe tolling does not extend to class claims in cases (such as this one) where the original class was decertified for lack of commonality. See In re Vertrue, No. 10-3928, Slip Op. at 7–8. A copy of the Sixth Circuit’s April 16, 2013 decision is attached hereto as Exhibit 1.