JOINT STIPULATION OF DISMISSAL Sample Clauses

JOINT STIPULATION OF DISMISSAL. Upon California’s receipt of the full Settlement Amount plus interest due from The Pill Club/Favor under Paragraph 1, and Relators’ receipt of their statutory fees and costs pursuant to California Government Code section 12652(g)(8) under paragraph 3, California and Relators shall promptly sign and file in the Civil Action a Joint Stipulation of Dismissal of the Civil Action pursuant to Rule 3.1385(b). The Relators’ Complaint shall be dismissed: (a) with prejudice as to California as to the Covered Conduct and otherwise without prejudice; and (b) with prejudice as to the Relators except for claims to a share of the proceeds of this Agreement arising under Government Code section 12652(g).
Sample 1Sample 2
AutoNDA by SimpleDocs
JOINT STIPULATION OF DISMISSAL. Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff Cumberland Pharmaceuticals Inc. and Defendants Xxxxxxx Company and Paddock Laboratories, LLC hereby stipulate and agree that the above action, including all claims, counterclaims, and affirmative defenses, is hereby dismissed without prejudice, and without costs, disbursements or attorneys’ fees to any party. Dated: [_________] [________] Attorneys for Plaintiff Cumberland Pharmaceuticals Inc. Dated: [________] [________] Attorneys for Defendants Xxxxxxx Company and Paddock Laboratories, LLC SO ORDERED this ____ day of __________________, 2012. United States District Judge IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION CUMBERLAND PHARMACEUTICALS INC. ) ) Plaintiff, ) No. 12-CV-06327 )
Sample 1
JOINT STIPULATION OF DISMISSAL. Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff Cumberland Pharmaceuticals Inc. and Defendant Xxxxxxx Company hereby stipulate and agree that the above action, including all claims, counterclaims, and affirmative defenses, is hereby dismissed without prejudice, and without costs, disbursements or attorneys’ fees to any party. Dated: [_________] [________] Attorneys for Plaintiff Cumberland Pharmaceuticals Inc. Dated: [________] [________] Attorneys for Defendant Xxxxxxx Company SO ORDERED this ____ day of __________________, 2012. United States District Judge EXHIBIT 2: LICENSE AND SUPPLY AGREEMENT
Sample 1
JOINT STIPULATION OF DISMISSAL. This action for patent infringement having been brought by Shire LLC (“Shire”) against Neos Therapeutics, Inc. (“Neos”) for infringement of United States Reissued Patent Nos. RE 42,096 and RE 41,148 (the “Patents”); Solely with respect to Neos’ Product and Neos’ NDA, Neos acknowledges that all the claims in the Patents are valid and enforceable in all respects; Neos and Shire have entered into a Settlement Agreement and a License Agreement, under which Shire will grant Neos a non-exclusive license to the Patents (“the License”); and Solely with respect to Neos’ Product and Neos’ NDA, Neos acknowledges that, but for the License, its New Drug Application No. 204326 (“Neos’ NDA”) infringes the Patents and that by making, selling, offering for sale, using and/or importing into the United States of the product described in Neos’ NDA (“Neos’ Product”) would infringe each of the Patents. IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, and subject to the approval of the Court that: (i) Shire’s claims of patent infringement concerning Neos’ NDA and Neos’ Product against Neos are dismissed with prejudice; (ii) Neos’ counterclaims of declaratory judgment of non-infringement and invalidity of the Patents are dismissed with prejudice, solely with respect to Neos’ NDA and Neos’ Product; and (iii) solely with respect to Neos’ NDA and Neos’ Product, all the claims in the Patents are valid and enforceable and would be infringed by making, selling, offering for sale, using and/or importing into the United States Neos’ Product. Each party must bear its own costs, attorneys’ fees, and expenses incurred in connection with the allegations and defenses mentioned above.
Sample 1
JOINT STIPULATION OF DISMISSAL. IT IS HEREBY agreed and stipulated by and between the parties to the above cause, acting though their respective attorneys, that this case be dismissed with prejudice, with all parties to bear their own respective attorneys fees and costs, all matters in controversy having been settled and compromised. Dated: March _____, 2001 Respectfully submitted, Respectfully submitted, DRAFTWORLDWIDE, INC., XXXXXX.XXX, INC. By:_______________________ By: /s/ Xxxxx McNeilstein One of Its Attorneys -------------------------- One of Its Attorneys Xxxxxx Xxxxxxxx Xxxxx XxXxxx Xxxxx XXXXX & XXXXXXX XXXXXXXXX, WILL & XXXXX One IBM Plaza 000 Xxxx Xxxxxx Xxxxxx 000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000-0000 Xxxxxxx XX 00000-0000 (000) 000-0000 (000) 000-0000 Firm # 00000 Xxxx # 00000 XX THE CIRCUIT COURT OF XXXX COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION DRAFTWORLDWIDE, INC., ) a Delaware corporation, ) ) Plaintiff, ) ) vs. ) Xx. 00 XX 00000 ) XXXXXX.XXX, INC., ) a Delaware corporation, ) ) Defendant. ) ORDER ----- This Cause coming on for a hearing, both parties having stipulated that dismissal of the cause is appropriate, and the Court having been fully advised of the premises, IT IS HEREBY ORDERED that the above cause of action is hereby dismissed with prejudice, both parties to bear their own respective attorneys fees and costs. ________________________________ Judge Xxxxxxx Xxxxxx Xxxxxx Xxxxxxxx XXXXX & XXXXXXX One IBM Plaza 000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, XX 00000-0000 (000) 000-0000 Firm # 17190 Xxxxx XxXxxx Xxxxx XXXXXXXXX, WILL & XXXXX 000 Xxxx Xxxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000-0000 (000) 000-0000 Firm # 90539
Sample 1
JOINT STIPULATION OF DISMISSAL. Having agreed to a settlement, the parties hereby stipulate and agree, by and between counsel and subject to the approval of the Court, and pursuant to Fed. R. Civ. P. 41(a)(1), that: (1) the claims set forth in the Complaint, filed on March 23, 2007, and the claims set forth in the First Amended Complaint, filed on September 14, 2007, are both by joint stipulation dismissed with prejudice based on conduct occurring before the date of dismissal of this action; (2) the counterclaims set forth in the Counterclaims, filed on November 19, 2007, and the counterclaims set forth in the Amended Counterclaims, filed on November 30, 2007, are both dismissed without prejudice by joint stipulation; and (3) each party bears its own costs and attorneys’ fees. Dated: , 2009 Xxxxxx X. Xxxxxx (I.D. #2114) Xxxx X . Day (I.D. #2403) Xxxxx & Xxxxxx 000 Xxxxxxxx Xxx., Xxxxx 000 Xxxxxxxxxx, XX 00000 (000) 000-0000 xxxxxxx@xxxxx-xxxxxx.xxx xxxx@xxxxx-xxxxxx.xxx Attorneys for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC Xxxxxxx X. Xxxxxxxx (I.D. #405) Xxxx X. Xxxxxxxx (I.D. #2696) Xxxxxx Xxxxx LLP 000 Xxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxx, XX 00000 (000) 000-0000 xxxxxxxxx@xxxxxxxxxxx.xxx xxxxxxxxx@xxxxxxxxxxx.xxx Attorneys for InterDigital Communications, LLC, InterDigital Technology Corporation, and Tantivy Communications, Inc. ORDER SO ORDERED this day of , 2009. The Xxxxxxxxx Xxxxxx X. Farnan, Jr. Execution Copy
Sample 1
JOINT STIPULATION OF DISMISSAL. 1. The United States and defendant Incyte Corporation executed a Settlement Agreement, with an effective date of May 4, 2021, that provides for a release of the Covered Conduct, defined in the Settlement Agreement,, a payment by defendant to the United States, and the dismissal of this action pursuant to the terms and conditions of the Settlement Agreement.
Sample 1
AutoNDA by SimpleDocs
JOINT STIPULATION OF DISMISSAL. Per Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff and Defendant jointly stipulate to the dismissal of this case with prejudice. The University will pay Speech First’s costs under the terms of their settlement agreement. Dated: April 3, 2024 /s/ Xxxxx Xxxxxxxx Xxxxx Xxxxxxxx, OBA #10479 Xxxxxxx X. Xxxxx, OBA #21329 Xxxxxx Xxxxx XX, OBA #32884 Xxxxxx Xxxxx, OBA #32778 Xxxxx X. Xxxxxx, XX OBA #33219 Board of Regents for the Oklahoma Agricultural and Mechanical Colleges 5th Floor, Student Union Building Stillwater, OK 74078 (000) 000-0000 (phone) Counsel for Defendant Xxxxx Xxxxx Respectfully submitted,
Sample 1

Related to JOINT STIPULATION OF DISMISSAL

  • Arbitration Agreement (OPTIONAL) - Every dispute between Customer and DWR arising out of or relating to the making or performance of this Agreement or any transaction pursuant to this Agreement, shall be settled by arbitration in accordance with the rules, then in effect, of the National Futures Association, the contract market upon which the transaction giving rise to the claim was executed, or the National Association of Securities Dealers as Customer may elect. If Customer does not make such election by registered mail addressed to DWR at 000 Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000; Attention: Deputy General Counsel, within 45 days after demand by DWR that the Customer make such election, then DWR may make such election. DWR agrees to pay any incremental fees which may be assessed by a qualified forum for making available a "mixed panel" of arbitrators, unless the arbitrators determine that Customer has acted in bad faith in initiating or conducting the proceedings. Judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereof. IN ADDITION TO FOREIGN FORUMS, THREE FORUMS EXIST FOR THE RESOLUTION OF COMMODITY DISPUTES: CIVIL COURT LITIGATION, REPARATIONS AT THE COMMODITY FUTURES TRADING COMMISSION ("CFTC") AND ARBITRATION CONDUCTED BY A SELF-REGULATORY OR OTHER PRIVATE ORGANIZATION. THE CFTC RECOGNIZES THAT THE OPPORTUNITY TO SETTLE DISPUTES BY ARBITRATION MAY IN SOME CASES PROVIDE MANY BENEFITS TO CUSTOMERS, INCLUDING THE ABILITY TO OBTAIN AN EXPEDITIOUS AND FINAL RESOLUTION OF DISPUTES WITHOUT INCURRING SUBSTANTIAL COSTS. THE CFTC REQUIRES, HOWEVER, THAT EACH CUSTOMER INDIVIDUALLY EXAMINE THE RELATIVE MERITS OF ARBITRATION AND THAT YOUR CONSENT TO THIS ARBITRATION AGREEMENT BE VOLUNTARY. BY SIGNING THIS AGREEMENT, YOU (1) MAY BE WAIVING YOUR RIGHT TO XXX IN A COURT OF LAW AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR DWR MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE WHICH MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF DWR INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 "REPARATIONS" PROCEEDINGS BEFORE THE CFTC, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE IN WHICH TO MAKE THAT ELECTION.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

Time is Money Join Law Insider Premium to draft better contracts faster.