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 and Defendants Citigroup Inc., Citibank, N.A., and Citibank (South Dakota), N.A. (collectively, “Citi”) 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 Patent Corp against Citi and all counterclaims by Citi against LML Patent Corp made therein with prejudice to the re-filing of same, subject to the terms of the Settlement and License Agreement between the parties. LML Patent Corp. and Citi 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. AGREED: Date: ________________, 2011 Respectfully submitted, /s/ Xxxxx X. XxXxxxx XXXXX X. XXXXXXX (attorney-in-charge) Texas State Bar No. 05673000 xxxxxxxx@xxxxxxxxx.xxx XXX X. XXXXXX Texas State Bar No. 08968300 xxxxxxx@xxxxxxxxx.xxx XXXXX X. XXXXX Texas State Bar No. 00783886 xxxxxx@xxxxxxxxx.xxx XXXXX LORD BISSELL & LIDDELL LLP 2200 Xxxx Avenue, Suite 2200 Dallas, Texas 00000-0000 000-000-0000 telephone 000-000-0000 fax ATTORNEYS FOR DEFENDANTS CITIGROUP INC., CITIBANK, N.A., and CITIBANK (SOUTH DAKOTA), N.A. /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 Xxxxxxx X. Xxxxx Texas Bar No. 24002752 xxxxxx@xxxxxxxxxxx.xxx Xxxxxx X. Xxxxx Texas Bar No. 24041902 xxxxxx@xxxxxxxxxxx.xxx 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 IN THE UNITED STATES DISTRICT COUR...
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. 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. 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. AGREED: 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 IN THE UNITE...
STIPULATED DISMISSAL WITH PREJUDICE. Semtech covenants that within five (5) business days of its receipt of the Settlement Payment, Semtech will deliver to counsel for AMM/LMCC a stipulated dismissal of AMM/LMCC 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. AMM/LMCC covenants that it shall, in turn, execute and file such stipulated dismissal in the United States District Court for the Central District of California.
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:
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. EXHIBIT 10 FORM OF STIPULATION OF DISCONTINUANCE 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. AGREED: 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. 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. 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 a settlement of this Adversary Proceeding and all claims and counterclaims therein (the “Settlement Agreement”), and the Court having approved the Settlement Agreement, this Adversary Proceeding and all claims and counterclaims therein are hereby dismissed with prejudice, each party to bear its own respective costs and fees. Dated: ________________, 2000 Xxx Xxxx, Xxx Xxxx _________________________________ United States Bankruptcy Judge APPROVED AS TO FORM: OXXXXX GXXXXXXX FROME ROSENZWEIGG & WOLOSKY, LLP By:________________________________ Kxxx X. Xxxxxxxxx 60 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone: (000) 000-0000 Attorneys for Plaintiffs / Counterclaim-Defendants TV Tokyo Corp., and Nihon Ad Systems, Inc. and Asatsu-DK Inc. KXXX XXXXXXX LLP By:________________________________ Pxxx X. Xxxxxxxxx 400 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone: (000) 000-0000 Attorneys for Defendant / Counterclaim-Plaintiff 4Kids Entertainment, Inc. EXHIBIT B INVESTOR CONTACT Bxxxx X. Xxxxxx 4Kids Entertainment, Inc. (000) 000-0000 bxxxxxx@0xxxxxxx.xxx 4Kids Entertainment, Asatsu-DK and TV Tokyo Settle Yu-Gi-Oh! Litigation March 1, 2012 – 4Kids Entertainment, Inc. (Pink Sheets: KXXXX.XX), the global children's entertainment and merchandise licensing company, and Asatsu-DK Inc. ("ADK") and TV Tokyo, announced today that they have reached a settlement of the lawsuit brought against 4Kids by ADK and TV Tokyo, the licensors of the Yu-Gi-Oh! property. The settlement agreement recognizes that the Yu-Gi-Oh! agreement among 4Kids, ADK and TV Tokyo is in full force and effect with 4Kids continuing to serve as the exclusive licensing agent for the merchandise licensing, television broadcast and home video rights to the Yu-Gi-Oh! property throughout the world outside of Asia. The settlement agreement does not constitute an admission by any party of any liability or fault but rather reflects the decision by the parties to work together amicably for the continued success of the Yu-Gi-Oh! property. "We are very pleased that the Yu-Gi-Oh! litigation has been settled," said Mxxxxxx Xxxxxxxxx, interim Chairman of 4Kids. "We are looking forward to continuing to work with our long-standing partners ADK, TV-Tokyo, Shueisha and Konami on the Yu-Gi-Oh! brand and on the new Yu-Gi-Oh! television series,"Zexa...
