JOINT MOTION TO DISMISS WITH PREJUDICE Sample Clauses

JOINT MOTION TO DISMISS WITH PREJUDICE. TO THE HONORABLE JUDGE: The State of Iowa (“Plaintiff”) and defendants Xxxxxx Pharmaceuticals, Inc. and Xxxxxx Pharma, Inc. f/k/a Schein Pharmaceuticals, Inc. (collectively “Xxxxxx Parties”), having settled all matters in dispute between them in this cause, jointly move this Court to dismiss with prejudice all of the Plaintiff’s claims asserted herein against the Xxxxxx Parties, provided that the dismissal shall not affect the rights and duties of such parties as expressed in their Settlement Agreement. Dated: August , 2011 Respectfully submitted, By: Xxxxxx X. Xxxxxx Xxxxxx Xxxx Xxxxx XxXxxxxxx LLP 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 212-371-6600‌ On Behalf of the State of Iowa Street By: XXXXX X. XXXXXXXX K&L Gates State Street Financial Center, Xxx Xxxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000-0000 (000) 000-0000 (000) 000-0000 (FAX) On Behalf of Xxxxxx Pharmaceuticals, Inc. and Xxxxxx Pharma, Inc., f/k/a Schein Pharmaceuticals, Inc. UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) IN RE PHARMACEUTICAL INDUSTRY ) MDL NO. 1456 AVERAGE WHOLESALE PRICE ) Civil Action No. 01-12257-PBS LITIGATION ) Subcategory No.: 07-12141-PBS ) ) THIS DOCUMENT RELATES TO: ) State of Iowa x. Xxxxxx Laboratories, Inc., et al. ) ) Judge Xxxxx X. Xxxxx [PROPOSED] ORDER OF DISMISSAL OF PLAINTIFF’S CLAIMS AGAINST XXXXXX PHARMACEUTICALS, INC. AND XXXXXX PHARMA, INC. F/K/A SCHEIN PHARMACEUTICALS, INC. The Motion for Dismissal is hereby GRANTED. All Claims in this action against Defendants Xxxxxx Pharmaceuticals, Inc. and Xxxxxx Pharma, Inc. f/k/a Schein Pharmaceuticals, Inc. are dismissed with prejudice and without costs to any party. IT IS SO ORDERED Dated: , 0000 Xxx Xxxxxxxxx Xxxxx X. Saris United States District Court Judge EXHIBIT 10 To SETTLEMENT AGREEMENT AND RELEASE (FEDERAL QUI TAM PROCEEDINGS JOINT STIPULATION OF DISMISSAL WITH PREJUDICE) UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS In re: ) MDL No. 1456 ) Civil Action No. 01- 12257-PBS ) PHARMACEUTICAL INDUSTRY ) Subcategory No. 06- 11337 AVERAGE WHOLESALE PRICE ) LITIGATION ) ) THIS DOCUMENT RELATES TO: ) United States of America ex rel. Ven-A-Care of ) Judge Xxxxx X. Xxxxx the Florida Keys, Inc., by and through its principal )
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JOINT MOTION TO DISMISS WITH PREJUDICE. Plaintiff OPTi Inc. and Defendant Advanced Micro Devices, Inc. hereby announce to the Court that they have settled their respective claims for relief asserted in this cause. Therefore, the Parties hereby agree to a dismissal with prejudice of all of the claims, counterclaims and affirmative defenses asserted herein between OPTi and AMD and further agree that each party shall each bear its own costs and attorneys’ fees. The Parties respectfully request that the Court grant their Motion and dismiss with prejudice the claims, counterclaims and affirmative defenses asserted in this cause, and that each party shall bear its own costs and attorneys’ fees. SO AGREED AND STIPULATED: Respectfully submitted, Dated: __________, 2010 ___________________________________ Mxxxxxx X. Xxxxx – Attorney-In-Charge Jxxx X. Xxxx POTTER MINTON PC 100 X. Xxxxxxx Xxx., Xxxxx 000 P.X. Xxx 000 Xxxxx, Xxxxx 00000 Tel: (000) 000-0000 Fax: (000) 000-0000 Email: mxxxxxxxx@xxxxxxxxxxxx.xxx jxxxxxxx@xxxxxxxxxxxx.xxx Admitted pro hac vice Mxxx X. Xxxxxxx Gxxxxxxxx X. Xxxxxxx Rxxxx X. Xxxxxxx ROPES & GXXX LLP 1000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx Xxxx Xxxx Xxxx, Xxxxxxxxxx 00000 Tel: (000) 000-0000 Fax: (000) 000-0000 Email: Rxxxxx.Xxxxxxx@xxxxxxxxx.xxx Mxxx.Xxxxxxx@xxxxxxxxx.xxx Nxxxxx.Xxxxxx@xxxxxxxxx.xxx Gxxxxxxxx.Xxxxxxx@xxxxxxxxx.xxx Rxxxx.Xxxxxxx@xxxxxxxxx.xxx ___________________________________ /s/ Mxxxxxx X. Xxxxx Mxxxxxx X. Xxxxx Txxxx X. Xxxxxx J. Exxxx XxXxxx Exxx X. Mxxxxxxx XXXXXXX & SXXXXX LLP 30 Xxxx Xxxxxx Xxxxx Chicago, Illinois 60601 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 mxxxxx@xxxxxxx.xxx txxxxxx@xxxxxxx.xxx exxxxxx@xxxxxxx.xxx exxxxxxxx@xxxxxxx.xxx Sxx Xxxxxx – Attorney-In-Charge Texas State Bar No. 01938000 MXXXXX XXXXX, PC 100 X. Xxxxxxx Suite 300 Marshall, Texas 75670 Phone: (000) 000-0000 Fax: (000) 000-0000 sxxxxxx@xxxxxxxxxxx.xxx ATTORNEYS FOR PLAINTIFF OPTI INC.
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JOINT MOTION TO DISMISS WITH PREJUDICE. This matter came before the Court on Plaintiff OPTi Inc.’s and Defendant Advanced Micro Devices, Inc.’s Joint Motion to Dismiss With Prejudice. Having considered same, it is hereby, ordered, adjudged, and decreed that all claims, counterclaims and affirmative defenses asserted herein between Plaintiff OPTi Inc. and Advanced Micro Devices, Inc. are dismissed with prejudice, each party to bear its own costs and attorneys’ fees.
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JOINT MOTION TO DISMISS WITH PREJUDICE. TO THE HONORABLE JUDGE: The State of Florida and Ven-A-Care of the Florida Keys, Inc. (“Plaintiffs”) and Defendants Xxxxxx Pharmaceuticals, Inc. and Schein Pharmaceutical, Inc. (“Xxxxxx Parties”) having settled all matters in dispute between them in this cause, jointly move this Court to dismiss with prejudice all of the Plaintiffs’ claims asserted herein against the Xxxxxx Parties, provided that the dismissal shall not affect the rights and duties of such parties as expressed in their Settlement Agreement. Respectfully submitted, XXXXXX XX XXXXX ATTORNEY GENERAL STATE OF FLORIDA XXXXX XXXXXXX Florida Bar No. 675822 Assistant Attorney General Office of the Attorney General Medicaid Fraud Control Xxxx XX-00, Xxx Xxxxxxx Xxxxxxxxxxx, Xxxxxxx 00000-0000 (000) 000-0000 (000) 000-0000 (FAX) Xxxxx X. Xxxxx Florida Bar No. 297178 The Xxxxx Law Firm, P.A. X.X. Xxx 000000 Xxxxxxxx Xxxxx, Xxxxxxx 00000-0000 (000) 000-0000 (000) 000-0000 (FAX)
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JOINT MOTION TO DISMISS WITH PREJUDICE. TO THE HONORABLE JUDGE: The State of Texas and Ven-A-Care of the Florida Keys, Inc. (“Plaintiffs”) and Defendants Xxxxxx Pharmaceuticals, Inc., Xxxxxx Pharma, Inc., f/k/a Schein Pharmaceutical, Inc., Rugby Laboratories, Inc., Oclassen Pharmaceuticals, Inc., Marsam Pharmaceuticals, Inc., and Andrx Pharmaceuticals, Inc. (“Xxxxxx Parties”) having settled all matters in dispute between them in this cause, jointly move this Court to dismiss with prejudice all of the Plaintiffs’ claims asserted herein against the Xxxxxx Parties, provided that the dismissal shall not affect the rights and duties of such parties as expressed in their Settlement Agreement. Respectfully submitted, Xxxx Xxxxxx Attorney General of Texas Xxxxxx X. Xxxxx First Assistant Attorney General Xxxx Xxxx Deputy Attorney General for Civil Litigation Xxxxxxx X. Xxxxxx State Bar No. 21791950 Chief, Civil Medicaid Fraud Division (000) 000-0000 direct dial XXXXXXXX XXXXX State Bar No. 14360050 (000) 000-0000 direct dial Assistant Attorneys General X.X. Xxx 00000 Xxxxxx, Xxxxx 00000-0000 (000) 000-0000 fax Attorneys for the State of Texas Xxxxx X. Xxxxx Florida Bar No. 297178 The Xxxxx Law Firm, P.A. X.X. Xxx 000000 Xxxxxxxx Xxxxx, Xxxxxxx 00000-0000 (000) 000-0000 (000) 000-0000 (FAX)
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JOINT MOTION TO DISMISS WITH PREJUDICE. 4. Respondent shall comply with all the tenns and conditions of the settlement agreement between the Respondent and the Charging Parties that finally resolved the claims asserted in OCAHO Case Nos. 17B00062, 17B00063, and 17B00064, including but not lili'1ited to the terms in that settlement agreement requiring the payment of back pay in the amount of $18,738.75to the Charging Parties.
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JOINT MOTION TO DISMISS WITH PREJUDICE. Petitioner Xxxxx Xxxxxxx and Respondents Xxxx Xxxxx and Xxxxxx Xxxx (the “Parties”) respectfully advise the Court that all matters currently in dispute between these Parties in this proceeding have been resolved. Therefore, the Parties hereby request that the Court enter the proposed Agreed Order, attached hereto as Exhibit A, dismissing with prejudice the pending request for discovery pursuant to Tex. R. Civ. P. 202. The Parties have agreed that each party shall bear its own costs, expenses, and attorneys’ fees. Respectfully submitted By: /s/ Xxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxx Texas Bar No. 00795037 Xxxxx Xxxxxxx & Xxxxxxx, P.C. 000 X. Xxxxxxxxx, Xxx. 000 Xxxxxx, XX 00000 Phone: (000) 000-0000 Facsimile: (000) 000-0000 Electronic mail: xxxxxxxx@xxxxx.xxx COUNSEL FOR PETITIONER XXXXX XXXXXXX
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JOINT MOTION TO DISMISS WITH PREJUDICE. This matter came before the Court on Plaintiff OPTi, Inc.’s and Defendant VIA Technologies, Inc. Joint Motion to Dismiss With Prejudice. Having considered same, it is hereby, ordered, adjudged, and decreed that all claims, counterclaims and affirmative defenses asserted herein between Plaintiff OPTi Inc. and VIA Technologies, Inc. are dismissed with prejudice, each party to bear its own costs and attorneys’ fees.
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JOINT MOTION TO DISMISS WITH PREJUDICE. Plaintiffs South Plains Financial, Inc. and City Bank (collectively, “Plaintiffs”) and Defendant R. Xxx Xxxxxxxx file this Joint Motion to Dismiss with Prejudice all claims and counterclaims asserted against each other in the above-styled cause. No further controversy remains that requires resolution by the Court. Accordingly, Plaintiffs and Xx. Xxxxxxxx jointly request that the Court dismiss this case in its entirety with prejudice. . Dated: September ____, 2020 Respectfully Submitted, /s/ DRAFT Xxxx X. Xxxx State Bar No. 24047579 xxxxx@xxxxxxxx.xxx Xxx X. Xxxxxxx State Bar No. 24089015 xxxxxxxx@xxxxxxxx.xxx HUNTON XXXXXXX XXXXX LLP 0000 Xxxx Xxxxxx, Suite 3700 Dallas, Texas 75202 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 /s/ DRAFT Xxxxxxxxx X. Xxx State Bar No. 24092677 xxxxxx.xxx@xxxxxx.xxx XXXXXX & BIRD LLP 0000 Xxxx Xxxxxx, Suite 2300 Dallas, Texas 75201 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 xxxxxx.xxx@xxxxxx.xxx -and- ATTORNEYS FOR PLAINTIFFS Xxxxx X. Xxxxxxxxxxx State Bar No. 17716000 xxxxxxxxxxxx@xxxxxxxxx.xxx V. Xxxxxx Xxxx State Bar No. 24050372 xxxxx@xxxxxxxxx.xxx XXXXX XXXXXXXXXXX, LLP 000 X. 00xx Xxxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 ATTORNEYS FOR DEFENDANT/COUNTER-PLAINTIFF R. XXX XXXXXXXX
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