Stay of Discovery and Other Proceedings. 17.1 To the extent the Action has not already been stayed by the Court, upon execution of this Agreement, the Parties shall discontinue all discovery activity or related proceedings in the Action.
17.2 Upon the Effective Date, and notwithstanding any of the other provisions in this Agreement, Defendants shall have no obligation to preserve documents and evidence with respect to Released Claims, and the Class Representatives and Class Counsel shall not pursue any spoliation claims or other actions or sanctions against Defendants with respect to documents or evidence related to the Released Claims.
Stay of Discovery and Other Proceedings. 16.1 To the extent the Action has not already been stayed by the Bankruptcy Court, upon execution of this Agreement, the Parties shall discontinue all discovery activity or related proceedings in the Action and the underlying Bankruptcies, provided that if this Agreement is terminated pursuant to section 13, the Parties may pursue discovery or related proceedings.
16.2 To the extent the Action and the Xxxxxx Bankruptcy have not already been stayed by the Bankruptcy Court, upon the entry of the Preliminary Approval Order, the Parties agree that the Court should stay and suspend all proceedings in the Action and the Xxxxxx Bankruptcy including any examination by the United States Trustee but excluding proceedings that may be necessary to carry out the terms and conditions of the Agreement.
16.3 Upon the Effective Date, and notwithstanding any of the other provisions in this Agreement, the Defendant shall have no obligation to preserve documents and evidence with respect to Released Claims, and the Class Representative and Class Counsel shall not pursue any spoliation claims or other actions or sanctions against Defendant with respect to documents or evidence related to the Released Claims.
Stay of Discovery and Other Proceedings. Effective as of the conclusion of the hearing on preliminary approval of the settlement: (a) all discovery in the MDL Proceeding shall be stayed and suspended until further order of the Court, with the exception of Confirmatory Discovery; (b) Counsel for the Nationwide Settlement Class shall cease pursuing all discovery of any kind in All Cases, except Confirmatory Discovery in the MDL Proceeding; (c) to the extent Microsoft requests, Counsel for the Nationwide Settlement Class shall join and support any and all applications for a stay of all discovery, and/or injunction against all discovery, protective orders suspending discovery, and/or a stay of, and/or injunction against, all other proceedings of any kind in any case, regardless of whether in trial or appellate court, listed on Appendix A hereto in which Microsoft makes such application; and (d) to the extent Counsel for the Nationwide Settlement Class requests, Microsoft shall join and support any and all applications for a stay of all discovery, and/or injunction against all discovery, protective orders suspending discovery, and/or a stay of, and/or injunction against, all other proceedings of any kind in any case, regardless of whether in trial or appellate court, listed on Appendix A hereto in which Counsel for the Nationwide Settlement Class makes such application. If the settlement contemplated by this Settlement Agreement is terminated or does not obtain Final Approval, then all discovery materials or information obtained in connection with Confirmatory Discovery shall be rendered null and void, shall be deemed not taken, and shall not be used in All Cases.
Stay of Discovery and Other Proceedings. The Motion for Preliminary Approval of Settlement and Conditional Certification of Class shall contain a request that the Court enter an order staying all other proceedings in the Litigation. Counsel for the Settlement Class and Defendants shall file pleadings and otherwise take any steps necessary to effect such a stay.