Dismissal with Prejudice Clause Samples

Dismissal with Prejudice. Upon the Effective Date, the Released Claims of the Settlement Class Members and Releasing Parties will be dismissed with prejudice.

Dismissal with Prejudice. Final Judgment is hereby entered with respect to the Released Claims of all Settlement Class Members, and the Released Claims in the Action are hereby dismissed in their entirety with prejudice and without costs. All claims in the Action are dismissed, and the case shall be closed pursuant to Paragraph 23 of this Order. Nothing herein is intended to waive or prejudice the rights of the Class Members who have timely excluded themselves from the Class. This matter will remain open solely to ensure an orderly administration process.

Dismissal with Prejudice. Plaintiff will voluntarily dismiss this action with prejudice pursuant to 735 ILCS 5/2-1009. Notwithstanding the dismissal of this Action with prejudice, the parties hereby agree that this Court shall retain jurisdiction over this matter for the purposes of enforcing the terms of this Consent Order.

Dismissal with Prejudice. This Agreement resolves all remaining claims in this case. Plaintiffs agree to the entry of an order dismissing all remaining claims in their Complaint with prejudice, contingent upon the Court approving this Agreement under Rule 23(e) of the Federal Rules of Civil Procedure and expressly retaining jurisdiction to enforce this Agreement according to its terms. If the Court declines to place this Agreement on the record, declines to approve the Agreement under Rule 23(e) of the Federal Rules of Civil Procedure, declines to incorporate the terms of this Agreement in an order, or declines to retain jurisdiction to enforce this Agreement, this Agreement and any stipulation pursuant thereto shall be declared null and void.

Dismissal with Prejudice. For and in consideration of the promises and consideration described in this Agreement, and as a material inducement to the Parties to enter into this Agreement, the Parties willingly and knowingly agree to execute and file with the Court a Stipulation of Dismissal with Prejudice as to any and all claims raised in the Lawsuit.

Dismissal with Prejudice. Within four (4) business days after Masimo’s receipt of payment pursuant to Section 2.2 above, the Parties shall cause their respective counsel to execute and file in the Litigation a dismissal in the form set forth in Exhibit D, dismissing with prejudice all claims and counterclaims made by each Party against the other and shall cooperate in proceeding with any and all other or additional procedures needed to effectuate a dismissal, with prejudice, of any claims or counterclaims that the Parties have asserted against each other in the Litigation. In addition, neither Philips nor its attorneys will continue to prosecute the Reexamination Proceedings, and Philips will cooperate with Masimo in seeking to expedite the termination of the Reexamination Proceeding against U.S. Patent No. 7,530,955, including by filing a statement notifying the Patent Office of the Parties’ settlement.

Dismissal with Prejudice. Contemporaneously with the execution of this Agreement, counsel for the Parties shall cause to be filed in the Litigation a Stipulation of Dismissal with Prejudice in the form of Exhibit A attached hereto.

Dismissal with Prejudice. Company, concurrently with the execution and delivery hereof and payment of the sum described in 2(a) above, shall execute, file and deliver to MP3 a Dismissal With Prejudice of the Litigation, in the form annexed hereto as Exhibit B.

Dismissal with Prejudice. Within sixty (60) days of the Effective Date, if the Court has not already dismissed all claims with prejudice, Plaintiffs and Settlement Class Members agree that they and their attorneys shall prepare and file a Stipulation for Dismissal of the lawsuit, styled ▇▇▇▇▇, et al., v.