Common use of JOINT MOTION TO DISMISS WITH PREJUDICE Clause in Contracts

JOINT MOTION TO DISMISS WITH PREJUDICE. TO THE HONORABLE JUDGE: The Consolidated New York Counties (“Plaintiffs”) 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 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. Dated: August , 2011 By: Xxxxxx X. Xxxxxx Xxxxxx Xxxx By: XXXXX X. XXXXXXXX K&L Gates State Street Financial Center, Xxx Xxxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000-0000 (000) 000-0000 (000) 000-0000 (FAX) 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. 03-10643-PBS ) ) THIS DOCUMENT RELATES TO: ) The City of New York, et al. x. Xxxxxx Laboratories, Inc., et al. ) ) Judge Xxxxx X. Xxxxx 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 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

JOINT MOTION TO DISMISS WITH PREJUDICE. TO THE HONORABLE JUDGE: The Consolidated New York Counties State of Iowa (“PlaintiffsPlaintiff”) 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 Plaintiffs’ 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 By: Xxxxxx X. Xxxxxx Xxxxxx Xxxx By: XXXXX X. XXXXXXXX K&L Gates State Street Financial Center, Xxx Xxxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000-0000 (000) 000-0000 (000) 000-0000 (FAX) 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. 03.: 07-1064312141-PBS ) ) THIS DOCUMENT RELATES TO: ) The City State of New York, et al. Iowa x. Xxxxxx Laboratories, Inc., et al. ) ) Judge Xxxxx X. Xxxxx 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 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) IN RE PHARMACEUTICAL INDUSTRY In re: ) MDL NONo. 1456 AVERAGE WHOLESALE PRICE ) Civil Action No. 01-01- 12257-PBS LITIGATION ) PHARMACEUTICAL INDUSTRY ) Subcategory No.: 07-12141-PBS . 06- 11337 AVERAGE WHOLESALE PRICE ) LITIGATION ) ) THIS DOCUMENT RELATES TO: ) State of Iowa x. Xxxxxx Laboratories, Inc., et al. ) ) Judge Xxxxx X. Xxxxx)