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

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 )

JOINT MOTION TO DISMISS WITH PREJUDICE. TO THE HONORABLE JUDGE: The State of Iowa Consolidated New York Counties (“PlaintiffPlaintiffs”) 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 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 Respectfully submitted, By: Xxxxxx X. Xxxxxx Xxxxxx Xxxx Xxxxx XxXxxxxxx LLP 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 212-371-6600‌ On Behalf of Plaintiffs the State of Iowa Consolidated New York Counties 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. 03-1214110643-PBS ) ) THIS DOCUMENT RELATES TO: ) State The City of Iowa New York, et al. x. Xxxxxx Laboratories, Inc., et al. ) ) Judge Xxxxx X. Xxxxx [PROPOSED] ORDER OF DISMISSAL OF PLAINTIFF’S PLAINTIFFS’ CLAIMS AGAINST DEFENDANTS 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 9 To SETTLEMENT AGREEMENT AND RELEASE (FEDERAL QUI TAM IOWA PROCEEDINGS JOINT STIPULATION OF DISMISSAL WITH PREJUDICE AND PROPOSED ORDER OF DISMISSAL WITH PREJUDICE) UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS In re: ) IN RE PHARMACEUTICAL INDUSTRY ) MDL NoNO. 1456 AVERAGE WHOLESALE PRICE ) Civil Action No. 01- 01-12257-PBS ) PHARMACEUTICAL INDUSTRY LITIGATION ) Subcategory No. 06- 11337 AVERAGE WHOLESALE PRICE ) LITIGATION .: 07-12141-PBS ) ) THIS DOCUMENT RELATES TO: ) United States State of America ex relIowa x. Xxxxxx Laboratories, Inc., et al. Ven-A-Care of ) ) Judge Xxxxx X. Xxxxx the Florida Keys, Inc., by and through its principal )Xxxxx

JOINT MOTION TO DISMISS WITH PREJUDICE. TO THE HONORABLE JUDGE: The State of Iowa Consolidated New York Counties (“PlaintiffPlaintiffs”) 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 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 Respectfully submitted, By: Xxxxxx X. Xxxxxx Xxxxxx Xxxx Xxxxx XxXxxxxxx LLP 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 212-371-6600‌ On Behalf of Plaintiffs the State of Iowa Consolidated New York Counties 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. 03-1214110643-PBS ) ) THIS DOCUMENT RELATES TO: ) State The City of Iowa New York, et al. x. Xxxxxx Laboratories, Inc., et al. ) ) Judge Xxxxx X. Xxxxx Saris [PROPOSED] ORDER OF DISMISSAL OF PLAINTIFF’S PLAINTIFFS’ CLAIMS AGAINST DEFENDANTS 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 9 To SETTLEMENT AGREEMENT AND RELEASE (FEDERAL QUI TAM IOWA PROCEEDINGS JOINT STIPULATION OF DISMISSAL WITH PREJUDICE AND PROPOSED ORDER OF DISMISSAL WITH PREJUDICE) UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS In re: ) IN RE PHARMACEUTICAL INDUSTRY ) MDL NoNO. 1456 AVERAGE WHOLESALE PRICE ) Civil Action No. 01- 01-12257-PBS ) PHARMACEUTICAL INDUSTRY LITIGATION ) Subcategory No. 06- 11337 AVERAGE WHOLESALE PRICE ) LITIGATION .: 07-12141-PBS ) ) THIS DOCUMENT RELATES TO: ) United States State of America ex relIowa x. Xxxxxx Laboratories, Inc., et al. Ven-A-Care of ) ) Judge Xxxxx X. Xxxxx the Florida Keys, Inc., by and through its principal )Saris

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 Saris [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 Saris the Florida Keys, Inc., by and through its principal )