JOINT STIPULATION OF DISMISSAL Clause Samples
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JOINT STIPULATION OF DISMISSAL. Having agreed to a settlement, the parties hereby stipulate and agree, by and between counsel and subject to the approval of the Court, and pursuant to Fed. R. Civ. P. 41(a)(1), that: (1) the claims set forth in the Complaint, filed on March 23, 2007, and the claims set forth in the First Amended Complaint, filed on September 14, 2007, are both by joint stipulation dismissed with prejudice based on conduct occurring before the date of dismissal of this action; (2) the counterclaims set forth in the Counterclaims, filed on November 19, 2007, and the counterclaims set forth in the Amended Counterclaims, filed on November 30, 2007, are both dismissed without prejudice by joint stipulation; and (3) each party bears its own costs and attorneys’ fees. Dated: , 2009 ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ (I.D. #2114) ▇▇▇▇ ▇ . Day (I.D. #2403) ▇▇▇▇▇ & ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇-▇▇▇▇▇▇.▇▇▇ ▇▇▇▇@▇▇▇▇▇-▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ (I.D. #405) ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ (I.D. #2696) ▇▇▇▇▇▇ ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ SO ORDERED this day of , 2009. The ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Farnan, Jr. Execution Copy
JOINT STIPULATION OF DISMISSAL. Upon California’s receipt of the full Settlement Amount plus interest due from The Pill Club/Favor under Paragraph 1, and Relators’ receipt of their statutory fees and costs pursuant to California Government Code section 12652(g)(8) under paragraph 3, California and Relators shall promptly sign and file in the Civil Action a Joint Stipulation of Dismissal of the Civil Action pursuant to Rule 3.1385(b). The Relators’ Complaint shall be dismissed: (a) with prejudice as to California as to the Covered Conduct and otherwise without prejudice; and (b) with prejudice as to the Relators except for claims to a share of the proceeds of this Agreement arising under Government Code section 12652(g).
JOINT STIPULATION OF DISMISSAL. 1. The United States and defendant Incyte Corporation executed a Settlement Agreement, with an effective date of May 4, 2021, that provides for a release of the Covered Conduct, defined in the Settlement Agreement,, a payment by defendant to the United States, and the dismissal of this action pursuant to the terms and conditions of the Settlement Agreement.
2. The Settlement Agreement provides that the parties shall promptly sign and execute a joint stipulation of dismissal, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, when the United States receives the required payment from the defendant as provided for by the terms of the Settlement Agreement.
3. Defendant Incyte Corporation made payment to the United States pursuant to the terms of the Settlement Agreement on May 11, 2021.
4. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730(b)(1), and in accordance with the terms and conditions of the Settlement Agreement between the United States, relator ▇▇▇▇▇▇ ▇▇▇▇▇▇, and defendant Incyte Corporation, the Parties hereby stipulate to the dismissal of this action as follows:
A. Relator’s claims in this action are DISMISSED WITH PREJUDICE pursuant to and consistent with the terms and conditions of the Settlement Agreement;
B. The United States’ claims in this action as to the Covered Conduct, defined in the Settlement Agreement, are DISMISSED WITH PREJUDICE pursuant to and consistent with the terms and conditions of the Settlement Agreement;
C. The United States’ claims pertaining to any conduct not included within the Covered Conduct of the Settlement Agreement are DISMISSED WITHOUT PREJUDICE pursuant to and consistent with the terms and conditions of the Settlement Agreement.
JOINT STIPULATION OF DISMISSAL. This action for patent infringement having been brought by Shire LLC (“Shire”) against Neos Therapeutics, Inc. (“Neos”) for infringement of United States Reissued Patent Nos. RE 42,096 and RE 41,148 (the “Patents”);
JOINT STIPULATION OF DISMISSAL. Having agreed to a settlement among and between the Receiver and Ernst & Young LLP (the “Settlement”), and following the entry of the Final Settlement Approval & Bar Order by the U.S. District Court for the Middle District of Florida (Case No. 2:09-CV-229-JES-NPM), the Parties hereby stipulate and agree, by and between counsel, and pursuant to Rule 1.420(a)(1) of the Florida Rules of Civil Procedure, that: (1) all claims set forth in the Complaint for Damages and Demand for Arbitration, filed on August 16, 2018, are dismissed with prejudice by joint stipulation; (2) all claims for relief between the Receiver and ▇▇▇▇▇ & ▇▇▇▇▇ LLP are dismissed with prejudice by joint stipulation; and (3) each Party bears its owns costs and attorneys’ fees.
JOINT STIPULATION OF DISMISSAL. Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff Cumberland Pharmaceuticals Inc. and Defendants ▇▇▇▇▇▇▇ Company and Paddock Laboratories, LLC hereby stipulate and agree that the above action, including all claims, counterclaims, and affirmative defenses, is hereby dismissed without prejudice, and without costs, disbursements or attorneys’ fees to any party. Dated: [_________] [________] Attorneys for Plaintiff Cumberland Pharmaceuticals Inc. Dated: [________] [________] Attorneys for Defendants ▇▇▇▇▇▇▇ Company and Paddock Laboratories, LLC SO ORDERED this ____ day of __________________, 2012. CUMBERLAND PHARMACEUTICALS INC. ) ) Plaintiff, ) No. 12-CV-06327 )
JOINT STIPULATION OF DISMISSAL. Having agreed to a settlement among and between the Receiver and Ernst & Young LLP (the “Settlement”), and following the entry of the Order Approving Settlement and Entering Bar Order by the U.S. District Court for the Middle District of Florida (Case No. 2:09-CV-229-JES- NPM), the Parties hereby stipulate and agree, by and between counsel and subject to the approval of the Court, and pursuant to Rule 1.420(a)(1) of the Florida Rules of Civil Procedure, that: (1) all claims set forth in the Complaint, filed on December 30, 2010; all claims set forth in the First Amended Complaint, filed on April 7, 2011; all claims set forth in the Second Amended Complaint, filed on April 25, 2011; all claims set forth in the Third Amended Complaint, filed on August 3, 2015; and all claims set forth in the Fourth Amended Complaint, filed on February 1, 2018, are dismissed with prejudice by joint stipulation; (2) all claims for relief between the Receiver and ▇▇▇▇▇ & ▇▇▇▇▇ LLP are dismissed with prejudice by joint stipulation; and (3) each Party bears its owns costs and attorneys’ fees.
JOINT STIPULATION OF DISMISSAL. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730(b)(1), the United States of America, Defendant SVCMC, Inc. f/k/a Saint Vincents Catholic Medical Centers of New York (“St. ▇▇▇▇▇▇▇” or “SVCMC”), and Relators ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (“Relators”) (hereafter collectively referred to as “the Parties”), through their undersigned counsel of record, hereby stipulate to the voluntary dismissal of all claims brought against Defendant SVCMC, as outlined below and consistent with the terms of the Settlement Agreement dated January , 2025, and attached as Exhibit 1 hereto (“Settlement Agreement”). Specifically, the Parties request the entry of an order dismissing all claims against SVCMC from Relators’ August 30, 2016 qui tam complaint and the United States’ March 12, 2024 Complaint in Intervention (“the Complaints”), as well as Relators’ claims against SVCMC for attorney’s fees, expenses, and costs pursuant to 31 U.S.C. § 3730(d), with prejudice. The Parties further request that the Court retain jurisdiction over any disputes that may arise regarding the Settlement Agreement or regarding the separate agreement between SVCMC and Relators resolving Relators’ claim to attorneys’ fees, expenses, and costs from SVCMC under 31 U.S.C. § 3730(d). This dismissal does not address any claims against any other defendants named in the Complaints. Respectfully submitted, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Principal Deputy Assistant Attorney General ▇▇▇▇▇ ▇. ▇▇▇▇▇ Attorney for the United States Acting under Authority Conferred by 28 U.S.C. § 515 Bangor, ME 04401 (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Assistant U.S. Attorney ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇ Attorneys, Civil Division Commercial Litigation Branch P.O. Box 261, ▇▇▇ ▇▇▇▇▇▇▇▇ Station Washington, D.C. 20044 (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇ #▇▇▇ Washington, DC 20036 (▇▇▇) ▇▇▇-▇▇▇▇
JOINT STIPULATION OF DISMISSAL. Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff Cumberland Pharmaceuticals Inc. and Defendant ▇▇▇▇▇▇▇ Company hereby stipulate and agree that the above action, including all claims, counterclaims, and affirmative defenses, is hereby dismissed without prejudice, and without costs, disbursements or attorneys’ fees to any party.
JOINT STIPULATION OF DISMISSAL. IT IS HEREBY agreed and stipulated by and between the parties to the above cause, acting though their respective attorneys, that this case be dismissed with prejudice, with all parties to bear their own respective attorneys fees and costs, all matters in controversy having been settled and compromised.