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. The Action and all of the claims asserted 22 against Defendant in the Action by Lead Plaintiff and the other Settlement Class Members are 23 hereby dismissed with prejudice. The Parties shall bear their own costs and expenses, except as 24 otherwise expressly provided in the Stipulation.
Dismissal of Action with Prejudice. Upon entry of, and pursuant to, the Final Approval Order and Judgment, the Action shall be dismissed with prejudice. Class Counsel shall ensure that the Action is timely dismissed with prejudice in accordance with the terms of this Settlement Agreement.
Dismissal of Action with Prejudice. Within five (5) business days after full execution of this Agreement, counsel for MVRPW shall provide counsel for the City with an executed Request for Dismissal, with prejudice, of the Action. Counsel for the City shall hold the Request for Dismissal until such time as (i) the City Council adopts the Revised Ordinance or such substantially similar ordinance, as described in Section 2, if that occurs; (ii) the City’s payment to MVRPW of $200,000 towards its reasonably incurred attorneys’ fees and cost, as described in Section 4; and (iii) the City Council designates $10,000 for grants to Mill Valley residents who need assistance in paying for vegetation management in addition to the City’s existing budget for such grants. Upon the occurrence of (i), (ii), and (iii), the City is authorized to file with the court the executed Request for Dismissal, with prejudice, of the Action.
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. Within five (5) days of Fotoball's execution of this Agreement, Ostern shall dismiss the Action with prejudice as to all parties. Ostern shall serve Fotoball's counsel with a conformed copy of the dismissal.
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. 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. Within 7 days of execution of this Agreement, Farmatek will file with the Orange County Superior Court a Request for Dismissal with prejudice of its Complaint. The Parties agree that each side will bear its own costs and attorneys’ fees in connection with this action.
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
