Dismissal of Action. Upon final approval, the Court will enter a judgment of dismissal of the Case with prejudice, but shall retain jurisdiction to enforce the terms of the settlement.
Dismissal of Action. The Action shall have been dismissed with prejudice as against Defendants on the Effective Date of Settlement.
Dismissal of Action. The Action shall have been dismissed with prejudice as against Defendants.
Dismissal of Action. The Action, including all Class claims that have been asserted, is dismissed on the merits and with prejudice, without fees or costs to any Party except as provided in the Settlement Agreement.
Dismissal of Action. The Settling Plaintiffs shall, within five (5) business days of payment of the Settlement Payment as set forth in Paragraph 3 herein, file a Stipulated Limited Judgment of Dismissal pursuant to ORCP 67B dismissing, with prejudice and without attorneys’ fees or costs, any and all claims relating to or arising out of the Xxxxxx Creek Complex Fire, including any claims that have been asserted in the Action as well as any claims against any third party who might pursue indemnification from Settling Defendant. The Stipulated Limited Judgment of Dismissal shall be agreed upon by the Parties and filed by the Settling Plaintiffs.
Dismissal of Action. (1) As of the Effective Date, the Action shall be dismissed as against the Defendants with prejudice and without costs.
(2) The Parties agree to take such other steps as may be required by the Court to effect the dismissal of the Action.
Dismissal of Action. 7. Within 10 business days after this Agreement’s execution, the Parties shall file a joint motion with the Court notifying it of this Agreement and submit a proposed order (attached hereto as Exhibit A) seeking dismissal with prejudice of all claims in this action. If the Court does not enter such an order, this Agreement shall have no force or effect. Notwithstanding this dismissal of claims, however, the Plaintiffs shall have the right to reopen this action under the circumstances described in Paragraph 8 of this Agreement.
Dismissal of Action. By no later than three (3) days after the Effective Date FCS shall execute and file with the Court in the Action a Voluntary Dismissal With Prejudice, thus finally and completely concluding the Action.
Dismissal of Action. Concurrent with the execution of this agreement by all of the parties hereto, the parties will execute, through their respective attorneys, and file with the United States District Court a Request for Dismissal and proposed Order of Dismissal, in the form attached hereto as Exhibit D, requesting that the court dismiss the Complaint and Supplemental Complaint with prejudice with each party to bear its own attorneys' fees and costs. By executing this Settlement Agreement, the parties each hereby authorize and instruct their respective attorneys to execute and file the Request for Dismissal and proposed Order of Dismissal attached hereto.
Dismissal of Action. Contemporaneous with the execution of this Agreement, the Estate shall submit to the court a Stipulation and Order for Dismissal with Prejudice.
