Dismissal of Action with Prejudice. Subject to and conditioned upon entry of the Court’s Final Approval Order in accordance with the terms and conditions of this Settlement Agreement, this Lawsuit shall be dismissed with prejudice, with all parties responsible for their own costs and attorneys’ fees, except as otherwise specifically provided in this Settlement Agreement.
Dismissal of Action with Prejudice. Upon the execution of this Agreement, Plaintiffs will execute and deliver to Plains a stipulation for dismissal of all claims in the Action with prejudice, to be held in escrow by Defendants’ current counsel for filing immediately upon clearance of the Settlement Payment by Plains. The stipulation shall provide that the Santa Xxxxxxx Superior Court shall retain jurisdiction to enforce the settlement agreement for 90 days pursuant to Code of Civil Procedure section 664.6. In the event that Plains fails to make the Settlement Payment, in good and sufficient funds, the releases in this Agreement shall be null and void; and the Parties hereby stipulate that Plaintiffs may revive their litigation against Plains and proceed to trial on their original claims or, in the alternative, for breach of this Agreement.
Dismissal of Action with Prejudice. (a) Concurrently with American Interbanc’s transmission to Bankrate’s counsel of the original of this Final Settlement Agreement that is executed by American Interbanc and its counsel, American Interbanc will transmit to Bankrate’s counsel a fully executed original request for dismissal of the Action as to Bankrate with prejudice and without costs. American Interbanc agrees that Bankrate may file the request for dismissal with the Court on American Interbanc’s behalf, and Bankrate agrees that it will not file the request for dismissal until after Bankrate has wire transferred the Cash Settlement Amount.
Dismissal of Action with Prejudice. Immediately upon the expiration of the revocation period set forth in paragraph 13 of this Agreement, and provided you have not timely revoked this Agreement in writing, the parties shall voluntarily dismiss the action styled PetMed Express, Inc. v. John Vermaaten, In the Circuit Court of the 17th Judicial Circuit Xx xxx Xxx Xxoward County, Florida, Case No. 01-016035 CACE (18) in its entirety (including your counterclaim) with prejudice and on the merits, with each party to that action to bear their respective attorney's fees, costs and expenses.
Dismissal of Action with Prejudice. It is hereby stipulated and agreed that, pursuant to Rule 41 of the Federal Rules of Civil Procedure, the above captioned action is hereby dismissed with prejudice by stipulation of the parties. Each of the parties is to bear its own costs and attorneys=
Dismissal of Action with Prejudice. It is hereby stipulated and agreed that, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, the above captioned action is hereby dismissed with prejudice by stipulation of the parties. Each of the parties is to bear its own costs and attorneys= fees. DATED: November , 2001 CONSENTED TO: XXXXXXX X. XXXXXX, P.C. XXXXX, XXXXXXXX AND RACE, LLC __________________________ __________________________ Xxxxxxx X. Xxxxxx Xxxx X. Xxxxx Xxxx X. Xxxxxxxx Xxxxxx X. Dell 0000 X. 0xx Xxxxxx, Xxxxx 000 1700 Broadway, Suite 1020 Xxxxxxxx, XX 00000 Xxxxxx, XX 00000 (000) 000-0000 (000) 000-0000 WINSTON & XXXXXX CRAVATH, SWAINE & XXXXX Xxxxx X. Xxxxx Xxxx X. Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxx X. Xxxxx 00 X. Xxxxxx Drive Worldwide Plaza Chicago, IL 60601 000 Xxxxxx Xxxxxx (000) 000-0000 Xxx Xxxx, XX 00000 (000) 000-0000 Attorneys for Plaintiffs Attorneys for Defendant Napro Biotherapeutics, Inc. Xxxxxxx-Xxxxx Squibb Company and Xxxxxx Laboratories EXHIBIT B UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY XXXXXXX-XXXXX SQUIBB COMPANY, Plaintiff, -against- XXXXXX LABORATORIES, Defendant. Civil Action No. 01-2991 (WHW) STIPULATION OF
Dismissal of Action with Prejudice. Leza's counsel shall immediately dismiss the Action with prejudice.
Dismissal of Action with Prejudice. Plaintiffs and Settlement Class members accept the benefits provided herein as consideration in full and complete satisfaction and release of all the claims asserted in the X’Xxxxxxx litigation or covered in this Agreement. Based upon the provisions herein, plaintiffs and Settlement Class members agree that this action shall be dismissed with prejudice. If the Court does not enter an order dismissing the claims of plaintiffs and the Settlement Class members upon final approval of this Agreement, plaintiffs shall file a stipulation dismissing all the claims in this action with prejudice within 10 days of final approval of this Agreement.
Dismissal of Action with Prejudice. Promptly upon delivery by fax or email of executed copies of this Agreement to opposing counsel for BMA and Neah, counsel for Neah is authorized and instructed to file a stipulation for dismissal of the Action, with prejudice, in the form attached hereto as Exhibit 1.
Dismissal of Action with Prejudice. Settlement Plaintiffs who timely negotiate the checks issued to them accept the benefits provided herein as consideration in full and complete satisfaction and release of all the claims asserted in the Lawsuits and covered in this Agreement. Such Settlement Plaintiffs agree that all of their claims asserted in the Lawsuits shall be dismissed with prejudice, and that, once the Court issues its Approval Order, the Lawsuits shall be dismissed even if some Settlement Plaintiffs do not cash their Settlement Payment check.
