STIPULATED DISMISSAL WITH PREJUDICE. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and the terms of a separate Settlement and License Agreement, the Plaintiff, LML Patent Corp. ("LML") and Defendants Xxxxx Fargo Bank, N.A. and Wachovia Bank n/k/a Xxxxx Fargo Bank, N.A. (collectively, "Xxxxx Fargo") have agreed to settle, adjust, and compromise all claims and counterclaims against each other in the above-captioned action. The parties, therefore, stipulate to dismiss all claims by LML against Xxxxx Fargo and all counterclaims by Xxxxx Fargo against LML made therein with prejudice to the re-filing of same, subject to the terms of the Settlement and License Agreement between the parties. LML and Xxxxx Fargo further stipulate that all costs and expenses relating to this litigation (including, but not limited to, attorneys' fees and expert fees and expenses) shall be borne solely by the party incurring the same. A proposed Order accompanies this motion. Date: ______________, 2011 Respectfully submitted, /s/ X. Xxxxxx Xxxxxx Xxxx X. Xxxxx Attorney-In-Charge Texas Bar No. 00785864 Xxx X. Xxxxx Texas Bar No. 00798559 Xxxxxxx X. XxXxxxxxx Xxxxx Xxx Xx. 00000000 X. Xxxxxx Xxxxxx Texas Bar No. 24037333 XXXXX & XxXXXXXX LLP - Dallas 2300 Xxxxxxxx Xxxx Center 0000 Xxxx Xxxxxx Dallas, Texas 75201 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Xxxxx Xxx Texas Bar No. 24004762 0000 Xxxxx Xxxxx Xxxxxxxxx, Xxxxx 00000 Telephone: (000) 000-0000 Fax: (000) 000-0000 E-mail: xxxxxxxxx@xxx.xxx ATTORNEYS FOR DEFENDANTS XXXXX FARGO BANK, N.A., WACHOVIA BANK n/k/a XXXXX FARGO BANK, N.A. ATTORNEYS FOR DEFENDANTS /s/ Xxxxxxx Xxxxx Xxxxxxx Xxxxx Texas State Bar No. 00794818 XXXXXX & XXXXX, LLP 000 Xxxxx Xxxxxxxxxx Xxxxxxxx, Xxxxx 00000 Telephone: 000-000-0000 Facsimile: 000-000-0000 Xxxxxxx@xxxxxxxxxxxxxx.xxx Xxxxxxxx Xxxxxxxxx, III Lead Attorney Texas Bar No. 19196650 xxxxxxxxxx@xxxxxxxxxxx.xxx Xxxx Xxxxxx Xxxxx Texas State Bar No. 24059636 xxxxxx@xxxxxxxxxxx.xxx XxXxxx Xxxxx, P.C. 000 Xxxxxxxx Xxxxx, Xxxxx 0000 Xxxxxx, Xxxxx 00000 Telephone: 000-000-0000 Facsimile: 000-000-0000 Xxx X. Xxxxxx Texas Bar No. 01938000 xxxxxxx@xxxxxxxxxxx.xxx XxXXXX XXXXX, P.C. 000 Xxxx Xxxxxx Xxxxxx, Suite 105 Marshall, Texas 75670 Telephone: 000-000-0000 Facsimile: 000-000-0000 Xxxx Xxxxxxx Texas State Bar No. 24043681 xxxxxxxx@xxxxxxxxxxx.xxx XxXxxx Xxxxx, P.C. 000 X. 0xx Xxxxxx, Xxxxx 0000 Xxxxxx, Xxxxx 00000 Telephone: 000-000-0000 Facsimile: 512-692-8744 ATTORNEYS FOR PLAINTIFF LML PATENT CORP LML PATENT CORP, § §...
STIPULATED DISMISSAL WITH PREJUDICE. Having mutually agreed upon a settlement of the disputes to be resolved herein, the parties request that this matter, including all claims and counterclaims, be dismissed with prejudice, with each party to bear its own respective costs and attorney’s fees. Respectfully submitted, Xxxxx Xxxxxxx Xxxxxxx X. xxXxxxx FRIED, FRANK, HARRIS, XXXXXXX & XXXXXXXX LLP Xxx Xxx Xxxx Xxxxx Xxx Xxxx, XX 00000-0000
STIPULATED DISMISSAL WITH PREJUDICE. As soon as practicable Interlake shall cause to be filed a Stipulated Dismissal with Prejudice in the form attached hereto as Exhibit A.
STIPULATED DISMISSAL WITH PREJUDICE. The parties have agreed to settle the above-captioned matter and jointly request entry of this Stipulated Dismissal With Prejudice. It is, therefore ORDERED, ADJUDGED, AND DECREED as follows:
STIPULATED DISMISSAL WITH PREJUDICE. Defendant/Counterclaim-Plaintiff 4Kids Entertainment, Inc. and Plaintiffs/Counterclaim-Defendants TV Tokyo Corp., and Nihon Ad Systems, Inc. and Asatsu-DK Inc. having agreed to
STIPULATED DISMISSAL WITH PREJUDICE. Within five (5) business days of its receipt of National Union's executed signature page for this Agreement, Semtech will deliver to counsel for National Union an executed stipulation and proposed order of dismissal under FRCP 41(a) of National Union with prejudice from the Coverage Action without costs, sanctions or attorneys' fees against any of the Parties. National Union shall sign and file such stipulation and proposed order of dismissal in the Court upon receipt of Semtech's acknowledgement that it received the Final Settlement Payment.
STIPULATED DISMISSAL WITH PREJUDICE. Having mutually agreed upon a settlement of the disputes to be resolved herein, the parties request that this matter, including all claims and counterclaims that have been asserted, or that might have been asserted, herein, be dismissed with prejudice, with each party to bear its own costs and attorneys’ fees. Dated: New York, NY STROOCK & STROOCK & XXXXX XXXXX, FRANK, HARRIS, XXXXXXX & XXXXXXXX LLP By: By: Xxxxxxx X. Xxxxxxxx Xxxxx X. Xxxxxx Xxxxxx X. Xxxxxxxx Xxxxxx X. Xxxxxx Israel Xxxxx 000 Xxxxxx Xxxx Xxx Xxx Xxxx Xxxxx Xxx Xxxx, XX 00000-0000 Xxx Xxxx, XX 00000 (000) 000-0000 (000) 000-0000 Attorneys for Sotheby’s, Inc. Attorneys for 0000 Xxxx Xxxxxx L.P. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x SOTHEBY’S, INC. : : Index No. 601790/07 Petitioner, : : STIPULATION OF - against - : DISCONTINUANCE 0000 XXXX XXXXXX L.P. : : Assigned to Justice Fried : Commercial Division Part 60 Respondent. : x The above-entitled proceeding having been compromised and settled, and no party being an infant, incompetent for whom a committee has been appointed or conservatee, and no person not a party having an interest in the subject matter of the action, IT IS HEREBY STIPULATED AND AGREED by and between the attorneys of record for all parties herein that the above-entitled proceeding, including any and all appeals that have been noticed herein, be and hereby is discontinued with prejudice pursuant to CPLR 3217(a)(2), without costs to any party as against another. This stipulation may be filed and an order may be entered upon this stipulation without further notice to any party. Dated: New York, NY STROOCK & STROOCK & XXXXX XXXXX, FRANK, HARRIS, XXXXXXX & XXXXXXXX LLP By: By: Xxxxxxx X. Xxxxxxxx Xxxxx X. Xxxxxx Xxxxxx X. Xxxxxxxx Xxxxxx X. Xxxxxx Israel Xxxxx 000 Xxxxxx Xxxx Xxx Xxx Xxxx Xxxxx Xxx Xxxx, XX 00000-0000 Xxx Xxxx, XX 00000 (000) 000-0000 (000) 000-0000 Attorneys for Sotheby’s, Inc. Attorneys for 0000 Xxxx Xxxxxx L.P.
STIPULATED DISMISSAL WITH PREJUDICE. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and the terms of a separate Settlement and License Agreement, the Plaintiff, LML Patent Corp. (“LML”) and Defendant PayPal, Inc. (“PayPal”) have agreed to settle, adjust, and compromise all claims and counterclaims against each other in the above-captioned action. The parties, therefore, stipulate to dismiss all claims by LML against PayPal and all counterclaims by PayPal against LML made therein with prejudice to the re-filing of same, subject to the terms of the Settlement and License Agreement between the parties. LML and PayPal further stipulate that all costs and expenses relating to this litigation (including, but not limited to, attorneys’ fees and expert fees and expenses) shall be borne solely by the party incurring the same. A proposed Order accompanies this motion. Date: March 9, 2011 Respectfully submitted, By: /s/ Xxxxxx X. Xxxxxxxxx III SBN 24029190 xxxxxxxxxx@xxxxxxxxxxxx.xxx XXXXXX, XXXXXXX & XXXXXXXXX, L.L.P. 0000 Xxxxx Xxxxxxxxx Xxxx Xxxxxx Xxx 0000 Xxxxxxxxx, Xxxxx 00000-0000 Telephone: 000-000-0000 Facsimile: 903-792-8233
STIPULATED DISMISSAL WITH PREJUDICE. Withdrawal of Motions / Bar Order. Semtech covenants that within five (5) business days of its receipt of the Settlement Payment, Semtech will deliver to counsel for Royal a stipulation and proposed order of dismissal under FRCP 41(a) of Royal with prejudice from the Coverage Action without costs, sanctions or attorneys’ fees against any of the Parties, in substantially the same form as Exhibit 1 hereto. Royal covenants that it shall, in turn, sign and file such stipulation and proposed order of dismissal in the Court. Each of the Parties further covenant that upon this Agreement being fully executed, they shall both move the Court to withdraw all pending motions filed against the other Party in the Coverage Action. Subject to the mutual consent of Semtech and Royal (and such consent will not unreasonably be withheld), the Parties also covenant to promptly and jointly move the Court for a bar order, or the equivalent thereof, which prohibits claims against any of the Royal Releasees, AMM or LMCC for subrogation, indemnity, contribution or any other claims relating to or arising out of the Insurance Claim or the Coverage Action, but in no event bars Semtech’s ability to bring or pursue claims relating to or arising out of the Insurance Claim or the Coverage Action against NUFIC.
STIPULATED DISMISSAL WITH PREJUDICE. Plaintiff and counterclaim defendant Marctec, LLC and Defendant and counterclaim plaintiff Arthrocare Corporation have reached a confidential settlement of this case (including all claims and cross claims). The parties have agreed to the entry of this Stipulated Dismissal with Prejudice including the terms and conditions set forth below. IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, through their respective counsel of record, as follows:
1. Subject to the terms and conditions in the confidential Settlement and License Agreement, the claims and counterclaims between Marctec, LLC and Arthrocare Corporation in the above captioned Marctec, LLC v. Arthrocare Corporation, No. 05-4216-GPM, are herby dismissed with prejudice. This stipulation is not an acknowledgement of liability of any party for any claim or allegation asserted in this litigation.
2. Each party shall bear its own cost and attorney’s fees.
