Common use of STIPULATION OF DISMISSAL Clause in Contracts

STIPULATION OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), that the above-captioned case be dismissed with prejudice, each party to bear its own costs. IT IS SO STIPULATED: By: /s/ _ [Attorney Name] [Address, phone, email] Attorneys for Plaintiff Dated: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx DRINKER XXXXXX & XXXXX LLP 000 Xxxxxx Xxxxx Xxxxxxx Xxxx, Xxx Xxxxxx 00000-0000 Telephone: (000) 000-0000 Facsimile : (000) 000-0000 xxxxx.xxxxxx@xxx.xxx Attorneys for Defendants Xxxxx X. Xxxxxx, Esq. (NJ ID No. 00997-1979) Xxxxxx X. Xxxxxxx (NJ ID No. 02334-1994) DRINKER XXXXXX & XXXXX LLP A Delaware Limited Liability Partnership 000 Xxxxxx Xxxxx Xxxxxxx Xxxx, Xxx Xxxxxx 00000-0000 Phone: (000) 000-0000 Fax: (000) 000-0000 Attorneys for Defendants Daiichi Sankyo, Inc., Daiichi Sankyo U.S. Holdings, Inc. Daiichi Sankyo, Ltd., Forest Laboratories, Inc. and Forest Pharmaceuticals. , Plaintiff, v. , Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ATLANTIC COUNTY MCL CASE NO. 299 DOCKET NO. ATL-L-_ CIVIL ACTION STIPULATION OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED and agreed that Plaintiff’s Complaint be and hereby is dismissed in its entirety, with prejudice and without costs. Dated: Dated: [Plaintiff Counsel Firm] Attorneys for Plaintiff [Plaintiff Counsel Name] DRINKER XXXXXX & XXXXX Attorneys for Defendants Xxxxx X. Xxxxxx UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY IN RE: BENICAR (OLMESARTAN) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO ALL CASES ) ) ) ) ) ) ) ) MDL 2606 JUDGE XXXXXX X. XXXXXX MAG. JUDGE XXXX XXXXXXXXX CASE MANAGEMENT ORDER NO. REGARDING SETTLEMENT AGREEMENT AND DEADLINES This Court is advised that defendants Daiichi Sankyo, Inc., Daiichi Sankyo U.S. Holdings Company, Daiichi Sankyo Co. Ltd. (collectively, “Daiichi Sankyo”), defendants Forest Laboratories, Inc., now known as Forest Laboratories, LLC, Forest Research Institute, Inc., and Forest Pharmaceuticals, Inc. (collectively “Forest”) (Daiichi Sankyo and Forest, collectively “Defendants”) and a committee of plaintiffs’ counsel (“Plaintiffs’ Negotiating Committee” or “PNC”) have negotiated a Master Settlement Agreement (“Agreement”) to resolve claims against the Defendants involving certain injuries alleged to have resulted from the use on or prior to May 1, 2015 by claimants of Olmesartan Products (including the medications Benicar, Benicar HCT, Azor and Tribenzor). The Agreement, which will be made available online at xxx.XxxxxxxxxxXxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx, is a private settlement agreement to establish a program (the “Olmesartan Products Resolution Program” or “Program”) for the settlement of cases alleging a personal injury, pending as of August 1, 2017, in this MDL No. 2606, in other federal courts but not yet transferred into MDL No. 2606 (“Other Federal Court Cases”), in the New Jersey Coordinated Proceeding (“New Jersey Coordinated Cases”), or in any state court (“Other State Court Cases”), and any unfiled claims for which there is no case pending against Defendants in federal or state court on or before August 1, 2017, but for which claimants provide notice to Defendants and the PNC in accordance with the terms of the Agreement, in which claimant alleges the use of Olmesartan Products on or prior to May 1, 2015, and an injury resulting from the use of such Olmesartan Products, provided that such claimants with unfiled claims must have signed a retainer agreement with an attorney for legal representation relating to that claim on or before 11:59 pm Eastern Daylight Time on August 23, 2017 (“Unfiled Claims”).

Appears in 1 contract

Samples: Master Settlement Agreement

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STIPULATION OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned partiesundersigned, the attorneys of record for all the parties to the above-entitled action, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii)the Florida Rules of Civil Procedure, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action, the above-captioned case be dismissed with prejudiceentitled action be, and the same hereby is, dismissed, each party to bear its own costs. IT IS SO STIPULATED: By: /s/ _ [Attorney Name] [Address, phone, email] Attorneys for Plaintiff This Stipulation may be filed without further notice with the Clerk of the Court. Dated: /s/ Xxxxx _______________________, 2014 __________________________________ ___________________________________ Xxxxxxx X. Xxxxxx Xxxxx Xxxxxxx, Xx., Esq. Xxxxxxx X. Xxxxxx DRINKER XXXXXX & XXXXX LLP Xxxxx, Esquire XXXXXXX X. XXXXXXX, XX., P.A. P.O. Box 19702 Florida Bar No. 0896195 Xxxxxxxx, Xxxxxxx 00000 2127 Ringling Blvd., Suite 000 Xxxxxx Xxxxx Xxxxxxx Xxxx, Xxx Xxxxxx 00000000-000-0000 Telephone: (phone) Sarasota, Florida 00000 000-000-0000 (fax) (000) 000-0000 Facsimile : phone Florida Bar No. 0148709 (000) 000-0000 xxxxx.xxxxxx@xxx.xxx Attorneys facsimile Attorney for Defendants Xxxxx X. Xxxxxx, Esq. (NJ ID No. 00997-1979) Xxxxxx X. Xxxxxxx (NJ ID No. 02334-1994) DRINKER XXXXXX & XXXXX LLP A Delaware Limited Liability Partnership 000 Xxxxxx Xxxxx Xxxxxxx Xxxx, Xxx Xxxxxx 00000-0000 Phone: (000) 000-0000 Fax: (000) 000-0000 Attorneys for Defendants Daiichi Sankyo, Inc., Daiichi Sankyo U.S. Holdings, Inc. Daiichi Sankyo, Ltd., Forest Laboratories, Inc. and Forest Pharmaceuticals. , Plaintiff, v. , Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ATLANTIC COUNTY MCL CASE NO. 299 DOCKET NO. ATL-L-_ CIVIL ACTION STIPULATION OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED and agreed that Plaintiff’s Complaint be and hereby is dismissed in its entirety, with prejudice and without costs. Dated: Dated: [Plaintiff Counsel Firm] Attorneys Defendant Attorney for Plaintiff [Plaintiff Counsel Name] DRINKER XXXXXX & XXXXX Attorneys for Defendants Xxxxx X. Xxxxxx UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY IN RESO ORDERED: BENICAR (OLMESARTAN) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO ALL CASES ) ) ) ) ) ) ) ) MDL 2606 JUDGE XXXXXX X. XXXXXX MAG. JUDGE XXXX XXXXXXXXX CASE MANAGEMENT ORDER NO. REGARDING SETTLEMENT AGREEMENT AND DEADLINES This Court is advised that defendants Daiichi Sankyo, Inc., Daiichi Sankyo U.S. Holdings Company, Daiichi Sankyo Co. Ltd. (collectively, “Daiichi Sankyo”), defendants Forest Laboratories, Inc., now known as Forest Laboratories, LLC, Forest Research Institute, Inc., and Forest Pharmaceuticals, Inc. (collectively “Forest”) (Daiichi Sankyo and Forest, collectively “Defendants”) and a committee of plaintiffs’ counsel (“Plaintiffs’ Negotiating Committee” or “PNC”) have negotiated a Master Settlement ___________________________________ The Honorable _______________________ SCHEDULE A 8% Convertible Unsecured Promissory Note $35,800.00 Assignment Note Purchase Agreement (“Agreement”) First Amendment to resolve claims against the Defendants involving certain injuries alleged Convertible Promissory Note Second Amendment to have resulted from the use on or prior Convertible Promissory Note 8% Convertible Unsecured Promissory Note $70,000.00 Assignment Note Purchase Agreement First Amendment to May 1, 2015 by claimants of Olmesartan Products (including the medications Benicar, Benicar HCT, Azor and Tribenzor). The Agreement, which will be made available online at xxx.XxxxxxxxxxXxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx, is a private settlement agreement Convertible Promissory Note First Amendment to establish a program (the “Olmesartan Products Resolution Program” or “Program”) for the settlement of cases alleging a personal injury, pending as of August 1, 2017, in this MDL No. 2606, in other federal courts but not yet transferred into MDL No. 2606 (“Other Federal Court Cases”), in the New Jersey Coordinated Proceeding (“New Jersey Coordinated Cases”), or in any state court (“Other State Court Cases”), and any unfiled claims for which there is no case pending against Defendants in federal or state court on or before August 1, 2017, but for which claimants provide notice Convertible Promissory Note 8% Convertible Unsecured Promissory Note $150,000.00 Assignment Note Purchase Agreement First Amendment to Defendants and the PNC in accordance with the terms of the Agreement, in which claimant alleges the use of Olmesartan Products on or prior Convertible Promissory Note Second Amendment to May 1, 2015, and an injury resulting from the use of such Olmesartan Products, provided that such claimants with unfiled claims must have signed a retainer agreement with an attorney for legal representation relating Convertible Promissory Note 8% Convertible Unsecured Promissory Note $200,000.00 Assignment Note Purchase Agreement First Amendment to that claim on or before 11:59 pm Eastern Daylight Time on August 23, 2017 (“Unfiled Claims”).Convertible Promissory Note Second Amendment to Convertible Promissory Note

Appears in 1 contract

Samples: Settlement Agreement and Stipulation (Drinks Americas Holdings, LTD)

STIPULATION OF DISMISSAL. Defendants. ) ) ) IT IS HEREBY STIPULATED AND AGREEDAGREED that all claims by Enzo Biochem Inc., by and between the undersigned partiesEnzo Life Sciences, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii)Inc. (formerly known as Enzo Diagnostics, that the above-captioned case be Inc.) against PerkinElmer, Inc. and PerkinElmer Health Sciences, Inc. (formerly known as PerkinElmer Life Sciences, Inc.) shall be, and hereby are, dismissed with prejudiceprejudice and without fees and costs; IT IS FURTHER STIPULATED AND AGREED that all claims by PerkinElmer, Inc. and PerkinElmer Health Sciences, Inc. (formerly known as PerkinElmer Life Sciences, Inc.) against Enzo Biochem, Inc. and Enzo Life Sciences, Inc. (formerly known as Enzo Diagnostics, Inc.) shall be, and hereby are, dismissed with prejudice and without fees and costs; IT IS FURTHER STIPULATED AND AGREED that this Stipulation is without prejudice to Enzo Biochem, Inc. and Enzo Life Sciences, Inc.’s rights to appeal in any other action; IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be executed in separate multiple counterparts, each party of which shall be deemed to bear its own costsbe an original. IT IS SO STIPULATEDSignatures provided through email or facsimile are deemed to be the equivalent of originals for filing purposes. Dated: June ____, 0000 Xxx Xxxx, Xxx Xxxx XXXXXX XXXXX XXXXXXXX & XXXXXXX LLP XXXXXX XXXX, LLP By: By: /s/ _ [Attorney Name] [AddressXxxxxxx X. Dell Xxxxxx X. Xxxxxxx, phone, email] Xx. xxxxx@xxxxxxxxxxx.xxx Xxxxxx.Xxxxxxx@xxxxxxxxxx.xxx Attorneys for Plaintiff Dated: /s/ Xxxxx X. Plaintiffs Attorneys for Defendants Enzo Life Sciences, Inc. and PerkinElmer, Inc. and PerkinElmer Health Enzo Biochem, Inc. Sciences, Inc. 0000 Xxxxxx Xxxxx X. xx Xxxxxxxx 000 Xxxxxxxxx Xxxxxx DRINKER XXXXXX & XXXXX LLP 000 Xxxxxx Xxxxx Xxxxxxx Xxx Xxxx, XX 00000 Xxx Xxxxxx 00000-0000 Telephone: Xxxx, XX 00000 (000) 000-0000 Facsimile : (000) 000-0000 xxxxx.xxxxxx@xxx.xxx Attorneys for Defendants Xxxxx X. Xxxxxx, Esq. (NJ ID EXHIBIT B Caption Court Docket No. 00997-1979) Xxxxxx X. Xxxxxxx (NJ ID No. 02334-1994) DRINKER XXXXXX & XXXXX LLP A Delaware Limited Liability Partnership 000 Xxxxxx Xxxxx Xxxxxxx XxxxRoche Diagnostics GMBH, Xxx Xxxxxx 00000-0000 Phone: (000) 000-0000 Fax: (000) 000-0000 Attorneys for Defendants Daiichi Sankyo, Inc., Daiichi Sankyo U.S. Holdingset al v. Enzo Biochem, Inc. Daiichi Sankyo, Ltd., Forest Laboratorieset al S.D.N.Y. 04-cv-04046 Enzo Life Sciences Inc. v. Gen-Probe, Inc. and Forest Pharmaceuticals. , Plaintiff, v. , Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ATLANTIC COUNTY MCL CASE NO. 299 DOCKET NO. ATLD. Del. 12-L-_ CIVIL ACTION STIPULATION OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED and agreed that Plaintiff’s Complaint be and hereby is dismissed in its entirety, with prejudice and without costs. Dated: Dated: [Plaintiff Counsel Firm] Attorneys for Plaintiff [Plaintiff Counsel Name] DRINKER XXXXXX & XXXXX Attorneys for Defendants Xxxxx X. Xxxxxx UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY IN RE: BENICAR (OLMESARTAN) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO ALL CASES ) ) ) ) ) ) ) ) MDL 2606 JUDGE XXXXXX X. XXXXXX MAG. JUDGE XXXX XXXXXXXXX CASE MANAGEMENT ORDER NO. REGARDING SETTLEMENT AGREEMENT AND DEADLINES This Court is advised that defendants Daiichi Sankyo, Inc., Daiichi Sankyo U.S. Holdings Company, Daiichi Sankyo Co. Ltd. (collectively, “Daiichi Sankyo”), defendants Forest Laboratories, Inc., now known as Forest Laboratories, LLC, Forest Research Institute, Inc., and Forest Pharmaceuticals, Inc. (collectively “Forest”) (Daiichi Sankyo and Forest, collectively “Defendants”) and a committee of plaintiffs’ counsel (“Plaintiffs’ Negotiating Committee” or “PNC”) have negotiated a Master Settlement Agreement (“Agreement”) to resolve claims against the Defendants involving certain injuries alleged to have resulted from the use on or prior to May 1, 2015 by claimants of Olmesartan Products (including the medications Benicar, Benicar HCT, Azor and Tribenzor). The Agreement, which will be made available online at xxx.XxxxxxxxxxXxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx, is a private settlement agreement to establish a program (the “Olmesartan Products Resolution Program” or “Program”) for the settlement of cases alleging a personal injury, pending as of August 1, 2017, in this MDL No. 2606, in other federal courts but not yet transferred into MDL No. 2606 (“Other Federal Court Cases”), in the New Jersey Coordinated Proceeding (“New Jersey Coordinated Cases”), or in any state court (“Other State Court Cases”), and any unfiled claims for which there is no case pending against Defendants in federal or state court on or before August 1, 2017, but for which claimants provide notice to Defendants and the PNC in accordance with the terms of the Agreement, in which claimant alleges the use of Olmesartan Products on or prior to May 1, 2015, and an injury resulting from the use of such Olmesartan Products, provided that such claimants with unfiled claims must have signed a retainer agreement with an attorney for legal representation relating to that claim on or before 11:59 pm Eastern Daylight Time on August 23, 2017 (“Unfiled Claims”).cv-00104

Appears in 1 contract

Samples: Settlement Agreement (Enzo Biochem Inc)

STIPULATION OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREEDCome now all plaintiffs, all defendants, and Taubman Media, Inc., having appeared in this action as a shareholder of The Pulitzer Publishing Company to object to the proposed settlement of the captioned action, acting by and between the undersigned partiesthrough their respective counsel, and pursuant to FedRule 41 and other applicable Federal Rules of Civil Procedure, hereby stipulate to the withdrawal of all requests for additional discovery and of all objections to the settlement of this action, and further stipulate to the dismissal with prejudice of all claims and counterclaims filed or which could have been filed herein. R. CivAttached hereto and incorporated by reference are consents to the dismissal executed by all shareholders of The Pulitzer Publishing Company, including all parties hereto, verifying that all shareholders of the Company consent to the dismissal with prejudice of this action, including all derivative claims asserted in this action on behalf of The Pulitzer Publishing Company and its shareholders, and agree to waive any and all rights to further notice of such dismissal, to object to or appeal such dismissal and to have an hearing on such dismissal. P. 41(a)(1)(A)(ii)KOHN, that the above-captioned case be dismissed with prejudiceSHANDS, each party to bear its own costs. IT IS SO STIPULATED: ELBEXX XXXXX XXXK & XARDXXXX XXXXXXXXXXX & XILJXX Xx:___________________________ By: /s/ :_________________________ [Attorney Name] [Address, phone, email] Attorneys for Plaintiff Dated: /s/ Alan X. Xxxx Stevxx X. Xxxxxxxxx 411 Xxxxx Xxxxxxx Xxxxxx Dennxx X. Xxxxxx Xxxxx X. Xxxxxx DRINKER XXXXXX & XXXXX LLP 000 Xxxxxx Xxxxx Xxxxxxx XxxxXx. Xxxxx, Xxx Xxxxxx 00000-0000 Telephone: Xxxxxxxx 00000 One Chase Manhattan Plaza (000314) 000-0000 Facsimile : (000) 000-0000 xxxxx.xxxxxx@xxx.xxx Attorneys for Defendants Xxxxx X. Xxxxxx, Esq. (NJ ID No. 00997-1979) Xxxxxx X. Xxxxxxx (NJ ID No. 02334-1994) DRINKER XXXXXX & XXXXX LLP A Delaware Limited Liability Partnership 000 Xxxxxx Xxxxx Xxxxxxx New Xxxx, Xxx Xxxxxx 00000-0000 Phone: Xxxx 00000 (000) 000-0000 Fax: (000212) 000-0000 Attorneys for Defendants Daiichi SankyoPlaintiffs BRYAN, Inc.CAVE, Daiichi Sankyo U.S. HoldingsMcPHXXXXXX & SHEARMAN & STERXXXX XxXXXXXXX Xx:___________________________ By:_________________________ Thomxx X. Xxxxx Jerexx X. Xxxxxxx J. Thomxx Xxxxxx Charxxx X. Xxxxx 500 Xxxxx Xxxxxxxx 53 Wxxx Xxxxxx Xx. Xxxxx, Xxxxxxxx 00000 New Xxxx, Xxx Xxxx 00000 (314) 000-0000 (212) 000-0000 Attorneys for Defendants-Counterclaimants ARMSTRONG, TEASDALE, KRAMXX XXXX XXXO & WEINER & VAUGXXX Xy:___________________________ By:_________________________ John X. Xxxe Xxxxxx Xxxv 611 Xxxxx Xxxxxx Xxxxx 000 Xx. Xxxxx, Xxxxxxxx 00000 500 Xxxxx Xxxxxxxx Xxx. (314) 621-5070 Bloomfield Hills, MI (313) 000-0000 Attorneys for Objecting Shareholder, Taubman Media, Inc. Daiichi Sankyo, Ltd., Forest Laboratories, Inc. and Forest Pharmaceuticals. , Plaintiff, v. , Defendants. SUPERIOR COURT OF NEW JERSEY LAW XXXXXX XXXXXX XXXXXXXX XXXXX XXXXXXX XXXXXXXX XX XXXXXXXX EASTERN DIVISION: ATLANTIC COUNTY MCL CASE NO. 299 DOCKET NO. ATL-L-_ CIVIL ACTION STIPULATION OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED and agreed that Plaintiff’s Complaint be and hereby is dismissed in its entirety, with prejudice and without costs. Dated: Dated: [Plaintiff Counsel Firm] Attorneys for Plaintiff [Plaintiff Counsel Name] DRINKER XXXXXX & XXXXX Attorneys for Defendants Xxxxx X. Xxxxxx UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY IN RE: BENICAR (OLMESARTAN) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO ALL CASES ) ) ) ) ) ) ) ) MDL 2606 JUDGE XXXXXX X. XXXXXX MAG. JUDGE XXXX XXXXXXXXX CASE MANAGEMENT ORDER NO. REGARDING SETTLEMENT AGREEMENT AND DEADLINES This Court is advised that defendants Daiichi Sankyo, Inc., Daiichi Sankyo U.S. Holdings Company, Daiichi Sankyo Co. Ltd. (collectively, “Daiichi Sankyo”), defendants Forest Laboratories, Inc., now known as Forest Laboratories, LLC, Forest Research Institute, Inc., and Forest Pharmaceuticals, Inc. (collectively “Forest”) (Daiichi Sankyo and Forest, collectively “Defendants”) and a committee of plaintiffs’ counsel (“Plaintiffs’ Negotiating Committee” or “PNC”) have negotiated a Master Settlement Agreement (“Agreement”) to resolve claims against the Defendants involving certain injuries alleged to have resulted from the use on or prior to May 1, 2015 by claimants of Olmesartan Products (including the medications Benicar, Benicar HCT, Azor and Tribenzor). The Agreement, which will be made available online at xxx.XxxxxxxxxxXxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx, is a private settlement agreement to establish a program (the “Olmesartan Products Resolution Program” or “Program”) for the settlement of cases alleging a personal injury, pending as of August 1, 2017, in this MDL No. 2606, in other federal courts but not yet transferred into MDL No. 2606 (“Other Federal Court Cases”), in the New Jersey Coordinated Proceeding (“New Jersey Coordinated Cases”), or in any state court (“Other State Court Cases”), and any unfiled claims for which there is no case pending against Defendants in federal or state court on or before August 1, 2017, but for which claimants provide notice to Defendants and the PNC in accordance with the terms of the Agreement, in which claimant alleges the use of Olmesartan Products on or prior to May 1, 2015, and an injury resulting from the use of such Olmesartan Products, provided that such claimants with unfiled claims must have signed a retainer agreement with an attorney for legal representation relating to that claim on or before 11:59 pm Eastern Daylight Time on August 23, 2017 (“Unfiled Claims”).

Appears in 1 contract

Samples: Agreement Agreement (Pulitzer Inc)

STIPULATION OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREEDWITH PREJUDICE -------------------------------------------) ) RIVIERA HOLDINGS CORPORATION, ) a Nevada Corporation, ) ) Counterclaimant, ) ) vs. ) ) XXXXX X. XXXXXXX, an individual; and ) R&E GAMING CORP., a Delaware Corporation, ) ) Counterdefendant. ) ) ------------------------------------------- It is hereby stipulated and agreed, by and between the undersigned partiescounsel to plaintiffs Xxxxx X. Xxxxxxx, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(iiR&E Gaming Corp., Riviera Acquisition Sub, Inc., Elsinore Acquisition Sub, Inc. and Carlo Corporation (collectively, the "Xxxxxxx Plaintiffs"), and defendant Riviera Holdings Corporation ("RHC"), that the above-captioned case "Xxxxxxx Released Claims" and the "RHC Released Counterclaims," as those terms are defined and used in the Settlement Agreement between the Xxxxxxx Plaintiffs and RHC, dated July ___, 1999, be and are dismissed with prejudice, each party to bear its own costs. IT IS SO STIPULATED: By: /s/ _ [Attorney Name] [Address, phone, email] Attorneys for Plaintiff Dated: /s/ _________, 1999 IRELL & XXXXXXX LLP Xxxxxxx X. Xxxxxxx Xxxxx X. Xxxxxx By: ----------------------------------------- Xxxxx X. Xxxxxx DRINKER Attorneys for Defendant and Counterclaimant Riviera Holdings Corporation DECHERT PRICE & XXXXXX & XXXXX LLP 000 Xxxxxx X. Xxxxx Xxxxxxx 00 Xxxxxxxxxxx Xxxxx Xxx Xxxx, Xxx Xxxxxx 00000-0000 Xxxx 00000 Telephone: (000) 000-0000 Facsimile Dated: (000) 000-0000 xxxxx.xxxxxx@xxx.xxx ____________, 1999 XXXXXX XXXXXX & XXXXXXX LLP Xxxxxx X. XxXxxx, Xx. By: -------------------------------- Xxxxxx X. XxXxxx, Xx. Attorneys for Defendants Plaintiffs Xxxxx X. XxxxxxXxxxxxx, Esq. (NJ ID No. 00997-1979) Xxxxxx X. Xxxxxxx (NJ ID No. 02334-1994) DRINKER XXXXXX & XXXXX LLP A Delaware Limited Liability Partnership 000 Xxxxxx Xxxxx Xxxxxxx XxxxR&E Gaming Corp., Xxx Xxxxxx 00000-0000 Phone: (000) 000-0000 Fax: (000) 000-0000 Attorneys for Defendants Daiichi SankyoRiviera Acquisition Sub, Inc., Daiichi Sankyo U.S. Holdings, Inc. Daiichi Sankyo, Ltd., Forest LaboratoriesElsinore Acquisition Sub, Inc. and Forest Pharmaceuticals. , Plaintiff, v. , Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ATLANTIC COUNTY MCL CASE NO. 299 DOCKET NO. ATL-L-_ CIVIL ACTION STIPULATION OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED and agreed that Plaintiff’s Complaint be and hereby is dismissed in its entirety, with prejudice and without costs. Dated: Dated: [Plaintiff Counsel Firm] Attorneys for Plaintiff [Plaintiff Counsel Name] DRINKER XXXXXX & XXXXX Attorneys for Defendants Xxxxx X. Xxxxxx Carlo Corporation EXHIBIT C UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF NEW JERSEY IN RE: BENICAR (OLMESARTAN) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO ALL CASES ) ) ) ) ) ) ) ) MDL 2606 JUDGE XXXXXX X. XXXXXX MAG. JUDGE XXXX XXXXXXXXX CASE MANAGEMENT ORDER NO. REGARDING SETTLEMENT AGREEMENT AND DEADLINES This Court is advised that defendants Daiichi Sankyo, Inc., Daiichi Sankyo U.S. Holdings Company, Daiichi Sankyo Co. Ltd. (collectively, “Daiichi Sankyo”), defendants Forest Laboratories, Inc., now known as Forest Laboratories, LLC, Forest Research Institute, Inc., and Forest Pharmaceuticals, Inc. (collectively “Forest”) (Daiichi Sankyo and Forest, collectively “Defendants”) and a committee of plaintiffs’ counsel (“Plaintiffs’ Negotiating Committee” or “PNC”) have negotiated a Master Settlement Agreement (“Agreement”) to resolve claims against the Defendants involving certain injuries alleged to have resulted from the use on or prior to May 1, 2015 by claimants of Olmesartan Products (including the medications Benicar, Benicar HCT, Azor and Tribenzor). The Agreement, which will be made available online at xxx.XxxxxxxxxxXxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx, is a private settlement agreement to establish a program (the “Olmesartan Products Resolution Program” or “Program”) for the settlement of cases alleging a personal injury, pending as of August 1, 2017, in this MDL No. 2606, in other federal courts but not yet transferred into MDL No. 2606 (“Other Federal Court Cases”), in the New Jersey Coordinated Proceeding (“New Jersey Coordinated Cases”), or in any state court (“Other State Court Cases”), and any unfiled claims for which there is no case pending against Defendants in federal or state court on or before August 1, 2017, but for which claimants provide notice to Defendants and the PNC in accordance with the terms of the Agreement, in which claimant alleges the use of Olmesartan Products on or prior to May 1, 2015, and an injury resulting from the use of such Olmesartan Products, provided that such claimants with unfiled claims must have signed a retainer agreement with an attorney for legal representation relating to that claim on or before 11:59 pm Eastern Daylight Time on August 23, 2017 (“Unfiled Claims”).CALIFORNIA WESTERN DIVISION

Appears in 1 contract

Samples: Settlement Agreement (Riviera Holdings Corp)

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STIPULATION OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREEDPlaintiff and Counterclaim-Defendant Omni Newco, LLC, and Defendants and Counterclaim-Plaintiffs Forward Air Corporation, Central States Logistics, Inc., Clue Opco LLC, Clue Blocker Merger Sub 1 Inc., Clue Blocker Merger Sub 2 Inc., Clue Blocker Merger Sub 3 Inc., Clue Parent Merger Sub LLC, Clue Opco Merger Sub LLC, and Clue Management Merger Sub LLC hereby stipulate by and between the undersigned partiesthrough their respective attorneys that (i) all claims by Plaintiff and Counterclaim-Defendant Omni Newco, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), that LLC in the above-captioned case be entitled action are dismissed pursuant to Delaware Court of Chancery Rule 41(a)(1)(ii), without prejudice, and without costs or attorneys’ fees to either party, (ii) all claims by Defendants and Counterclaim-Plaintiffs Forward Air Corporation, Central States Logistics, Inc., Clue Opco LLC, Clue Blocker Merger Sub 1 Inc., Clue Blocker Merger Sub 2 Inc., Clue Blocker Merger Sub 3 Inc., Clue Parent Merger Sub LLC, Clue Opco Merger Sub LLC, and Clue Management Merger Sub LLC in the above-entitled action are dismissed pursuant to Delaware Court of Chancery Rule 41(a)(1)(ii), with prejudice, and without costs or attorneys’ fees to either party, (iii) Forward Air Corporation intends to close the transactions with Omni Newco, LLC during the week of January 22, 2024 and (iv) the parties each party agree to bear its own costsuse their respective reasonable best efforts to close the transactions not later than January 25, 2024 (subject to the satisfaction or written waiver of the conditions to the closing of the transactions). IT IS SO STIPULATEDPOTTER XXXXXXXX & XXXXXXX LLP MORRIS, NICHOLS, ARSHT & XXXXXXX LLP By: By: /s/ _ [Attorney Name] [Address, phone, email] Attorneys for Plaintiff Dated: /s/ Xxxxx X. Xxxxxx Xxxxx Xxxxx, Xx. (#2437) Xxxxxxxxxx X. Xxxxxx DRINKER XXXXXX & XXXXX LLP 000 (#5793) Xxxxxxxx Xxx X. Xxxxxxxx (#6213) Xxxxxx X. Xxxx XX (#6323) Hercules Plaza 0000 Xxxxx Xxxxxxx XxxxXxxxxx Xxxxxx, Xxx Xxxxxx 00000-0000 Telephone: 0xx Xxxxx Xxxxxxxxxx, XX 00000 (000) 000-0000 Facsimile OF COUNSEL: Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxxxx Xxxxxxx X. XxXxxxx Xxxxxx X. Xxxxxx Xxxxx Xxxx XXXXXXXX, XXXXXX, XXXXX & XXXX 00 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (000) 000-0000 xxxxx.xxxxxx@xxx.xxx Attorneys for Defendants Xxxxx Plaintiff Omni Newco, LLC Xxxxxxx X. Xxxxxx, Esq. Xxxxxxxx (NJ ID No. 00997-1979#2755) Xxxxxx X. Xxxxxxx Xxxxxx Xx. (NJ ID No. 02334-1994#4076) DRINKER XXXXXX & XXXXX LLP A Delaware Limited Liability Partnership 000 Xxxxx X. Xxxx (#4775) Xxxxxx Xxxxx Xxxxxxx XxxxX. Xxxxxx (#6946) 0000 X. Xxxxxx Xxxxxx Xxxxxxxxxx, Xxx Xxxxxx 00000-0000 Phone: XX 00000 (000) 000-0000 FaxOF COUNSEL: Xxxxxx Xxxxxxx Xxxx X. Xxxxx Xxxxxxx X. Xxxxxx Xxxxx Xxxxxxxxxxx Xxxxxxxxx X. Xxxxxxxx In Un Xxxxx Xx CRAVATH, SWAINE & XXXXX LLP Worldwide Plaza 000 Xxxxxx Xxxxxx Xxx Xxxx, XX 00000-7475 (000) 000-0000 Attorneys for Defendants Daiichi SankyoForward Air Corporation, Central States Logistics, Inc., Daiichi Sankyo U.S. HoldingsClue Opco LLC, Inc. Daiichi Sankyo, Ltd., Forest Laboratories, Inc. and Forest Pharmaceuticals. , Plaintiff, v. , Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ATLANTIC COUNTY MCL CASE NO. 299 DOCKET NO. ATL-L-_ CIVIL ACTION STIPULATION OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED and agreed that Plaintiff’s Complaint be and hereby is dismissed in its entirety, with prejudice and without costs. Dated: Dated: [Plaintiff Counsel Firm] Attorneys for Plaintiff [Plaintiff Counsel Name] DRINKER XXXXXX & XXXXX Attorneys for Defendants Xxxxx X. Xxxxxx UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY IN RE: BENICAR (OLMESARTAN) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO ALL CASES ) ) ) ) ) ) ) ) MDL 2606 JUDGE XXXXXX X. XXXXXX MAG. JUDGE XXXX XXXXXXXXX CASE MANAGEMENT ORDER NO. REGARDING SETTLEMENT AGREEMENT AND DEADLINES This Court is advised that defendants Daiichi Sankyo, Clue Blocker Merger Sub 1 Inc., Daiichi Sankyo U.S. Holdings Company, Daiichi Sankyo Co. Ltd. (collectively, “Daiichi Sankyo”), defendants Forest Laboratories, Clue Blocker Merger Sub 2 Inc., now known as Forest LaboratoriesClue Blocker Merger Sub 3 Inc., Clue Parent Merger Sub LLC, Forest Research Institute, Inc.Clue Opco Merger Sub LLC, and Forest Pharmaceuticals, Inc. (collectively “Forest”) (Daiichi Sankyo and Forest, collectively “Defendants”) and a committee of plaintiffs’ counsel (“Plaintiffs’ Negotiating Committee” or “PNC”) have negotiated a Master Settlement Agreement (“Agreement”) to resolve claims against the Defendants involving certain injuries alleged to have resulted from the use on or prior to May 1, 2015 by claimants of Olmesartan Products (including the medications Benicar, Benicar HCT, Azor and Tribenzor). The Agreement, which will be made available online at xxx.XxxxxxxxxxXxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx, is a private settlement agreement to establish a program (the “Olmesartan Products Resolution Program” or “Program”) for the settlement of cases alleging a personal injury, pending as of August 1, 2017, in this MDL No. 2606, in other federal courts but not yet transferred into MDL No. 2606 (“Other Federal Court Cases”), in the New Jersey Coordinated Proceeding (“New Jersey Coordinated Cases”), or in any state court (“Other State Court Cases”), and any unfiled claims for which there is no case pending against Defendants in federal or state court on or before August 1, 2017, but for which claimants provide notice to Defendants and the PNC in accordance with the terms of the Agreement, in which claimant alleges the use of Olmesartan Products on or prior to May 1, 2015, and an injury resulting from the use of such Olmesartan Products, provided that such claimants with unfiled claims must have signed a retainer agreement with an attorney for legal representation relating to that claim on or before 11:59 pm Eastern Daylight Time on August 23, 2017 (“Unfiled Claims”).Clue Management Merger Sub LLC

Appears in 1 contract

Samples: Merger Agreement (Forward Air Corp)

STIPULATION OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREEDAGREED that all claims by Enzo Biochem Inc., by and between the undersigned partiesEnzo Life Sciences, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii)Inc. (formerly known as Enzo Diagnostics, that Inc.) against Roche Diagnostics GmbH and Roche Molecular Systems, Inc., in the above-captioned case be shall be, and hereby are, dismissed with prejudiceprejudice and without fees and costs; IT IS FURTHER STIPULATED AND AGREED that all claims by Roche Diagnostics GmbH and Roche Molecular Systems, Inc. against Enzo Biochem, Inc. and Enzo Life Sciences, Inc. (formerly known as Enzo Diagnostics, Inc.) in the above-captioned case shall be, and hereby are, dismissed with prejudice and without fees and costs; IT IS FURTHER STIPULATED AND AGREED that this Stipulation is without prejudice to the parties’ rights in any other action; IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be executed in separate multiple counterparts, each party of which shall be deemed to bear its own costsbe an original. IT IS SO STIPULATEDSignatures provided through email or facsimile are deemed to be the equivalent of originals for filing purposes. Dated: February ___, 0000 Xxx Xxxx, Xxx Xxxx XXXXXX XXXXX XXXXXXXX & XXXXXXX LLP XXXXXX XXXXXX XXXXXXXXX XXXX AND XXXX LLP By: By: /s/ _ [Attorney Name] [AddressXxxxxxx X. Dell Xxxxxx X. Xxxxxxx, phone, email] Attorneys for Plaintiff Dated: /s/ Xxxxx Xx. Xxxxxxxx X. Xxxxxx Xxxxxxxxxxx X. Xxxxx Xxxxxxxxx Xxxxxxxx Xxxx X. Xxxx Xxxx X. Xxxxxx DRINKER XXXXXX & XXXXX LLP 7 World Trade Center Xxxx Xxxxxxxxxxxx 000 Xxxxxxxxx Xxxxxx Xxxxx Xxxxxxx 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000 Xxx Xxxxxx 00000-0000 Telephone: (000) 000-0000 Facsimile : (000) 000-0000 xxxxx.xxxxxx@xxx.xxx Attorneys for Defendants Xxxxx X. Xxxxxx, Esq. (NJ ID No. 00997-1979) Xxxxxx X. Xxxxxxx (NJ ID No. 02334-1994) DRINKER XXXXXX & XXXXX LLP A Delaware Limited Liability Partnership 000 Xxxxxx Xxxxx Xxxxxxx Xxxx, Xxx Xxxxxx 00000XX 00000 (212) 230-0000 Phone: (000) 000-0000 Fax: 8800 (000) 000-0000 Attorneys for Declaratory Judgment Defendants Daiichi Sankyo, Inc., Daiichi Sankyo U.S. Holdings, Inc. Daiichi Sankyo, Ltd., Forest Laboratoriesand Counterclaim Plaintiffs Enzo Biochem, Inc. and Forest Pharmaceuticals. Enzo Life Sciences, Plaintiff, v. , Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ATLANTIC COUNTY MCL CASE NO. 299 DOCKET NO. ATL-L-_ CIVIL ACTION STIPULATION OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED and agreed that Plaintiff’s Complaint be and hereby is dismissed in its entirety, with prejudice and without costs. Dated: Dated: [Plaintiff Counsel Firm] Inc. Attorneys for Plaintiff [Plaintiff Counsel Name] DRINKER XXXXXX & XXXXX Attorneys for Defendants Xxxxx X. Xxxxxx UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY IN RE: BENICAR (OLMESARTAN) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO ALL CASES ) ) ) ) ) ) ) ) MDL 2606 JUDGE XXXXXX X. XXXXXX MAG. JUDGE XXXX XXXXXXXXX CASE MANAGEMENT ORDER NO. REGARDING SETTLEMENT AGREEMENT AND DEADLINES This Court is advised that defendants Daiichi Sankyo, Inc., Daiichi Sankyo U.S. Holdings Company, Daiichi Sankyo Co. Ltd. (collectively, “Daiichi Sankyo”), defendants Forest Laboratories, Inc., now known as Forest Laboratories, LLC, Forest Research Institute, Inc., Declaratory Judgment Plaintiffs Roche Diagnostics GmbH and Forest PharmaceuticalsRoche Molecular Systems, Inc. (collectively “Forest”) (Daiichi Sankyo and Forest, collectively “Defendants”) and a committee of plaintiffs’ counsel (“Plaintiffs’ Negotiating Committee” or “PNC”) have negotiated a Master Settlement Agreement (“Agreement”) to resolve claims against the Defendants involving certain injuries alleged to have resulted from the use on or prior to May 1, 2015 by claimants of Olmesartan Products (including the medications Benicar, Benicar HCT, Azor and Tribenzor). The Agreement, which will be made available online at xxx.XxxxxxxxxxXxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx, is a private settlement agreement to establish a program (the “Olmesartan Products Resolution Program” or “Program”) for the settlement of cases alleging a personal injury, pending as of August 1, 2017, in this MDL No. 2606, in other federal courts but not yet transferred into MDL No. 2606 (“Other Federal Court Cases”), in the New Jersey Coordinated Proceeding (“New Jersey Coordinated Cases”), or in any state court (“Other State Court Cases”), and any unfiled claims for which there is no case pending against Defendants in federal or state court on or before August 1, 2017, but for which claimants provide notice to Defendants and the PNC in accordance with the terms of the Agreement, in which claimant alleges the use of Olmesartan Products on or prior to May 1, 2015, and an injury resulting from the use of such Olmesartan Products, provided that such claimants with unfiled claims must have signed a retainer agreement with an attorney for legal representation relating to that claim on or before 11:59 pm Eastern Daylight Time on August 23, 2017 (“Unfiled Claims”).XXXXXXX X

Appears in 1 contract

Samples: Settlement Agreement (Enzo Biochem Inc)

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