Voluntary Dismissal Sample Clauses
A Voluntary Dismissal clause allows a party, typically the plaintiff, to withdraw their claims or lawsuit from court without a final judgment on the merits. In practice, this means the plaintiff can end the litigation process, often by filing a notice or motion, sometimes subject to certain conditions such as timing or the agreement of the opposing party. The core function of this clause is to provide flexibility for the party initiating the action, enabling them to discontinue proceedings if circumstances change or settlement is reached, thereby saving time and resources for both parties and the court.
POPULAR SAMPLE Copied 4 times
Voluntary Dismissal. Within two (2) business days after the United States Attorney’s Office confirms receipt of payment by Defendants of the full Settlement Amount, and in consideration of such payment, the Parties shall execute and file in the District Court for the Eastern District of New York a Stipulation of Voluntary Dismissal with Prejudice, in the form attached hereto as Exhibit A, which shall dismiss with prejudice all claims in this Action in their entirety against Defendants. However, the Stipulation and Protective Order entered by the Court on November 13, 2017 (ECF No. 105), as supplemented by the Rule 29 Stipulation the Parties entered on January 18, 2018, shall survive the dismissal of this Action to the extent necessary to govern the return or destruction of documents that the Parties or any non-Parties have designated as Confidential FIRREA Material or Confidential Information, and the Parties shall cooperate with each other to effectuate the terms of those Stipulations.
Voluntary Dismissal. Promptly after entering this Settlement Agreement, Plaintiffs will file appropriate motions or notices to voluntarily dismiss their appeal and the underlying case with prejudice as to all Defendants and without costs or attorney fees assessed to any party.
Voluntary Dismissal. Within five (5) business days after receipt of the Direct Payments set forth in sections 1 and 2, counsel for the BOE shall file with the BTA a Notice of Voluntary Dismissal of the Appeal.
Voluntary Dismissal. No later than three (3) business days after the execution and delivery of this Agreement by each of the Parties hereto, each of AHP and Ashford Inc. shall file executed Stipulations of Voluntary Dismissal with Prejudice with the United States District Court for the Northern District of Texas, and AHP and ▇▇▇▇▇ shall cause ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇ to file a Joint Motion to Dismiss with Prejudice with the ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ in ▇▇▇▇▇▇▇▇▇ County, Texas (together, the “Dismissal Filings”), the forms of which are attached hereto as Exhibit C. The Parties hereto agree to make, and to cause their Affiliates to make, any and all other filings required in connection with this Agreement, the terms hereof and the settlement and dismissal of the Litigation as contemplated by this Agreement promptly following the execution and delivery of this Agreement.
Voluntary Dismissal. Within three days after the date of this Agreement, pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs will file in the Litigation a motion for voluntary dismissal with prejudice of all claims they asserted against any party to the Litigation. It is the intent of the Parties—and Plaintiffs’ motion will request—that the Court not retain continuing jurisdiction to enforce this Agreement, or for any other purpose. If Plaintiffs do not strictly comply with this paragraph 7, then this Agreement is of no force or effect.
Voluntary Dismissal. Within fourteen (14) days of New Albany complying with Paragraphs 15–16 and the United States receiving the notification as required by Paragraph 17, the Parties shall jointly move the Court for dismissal of the underlying Civil Action, subject to the reinstatement as set forth in Paragraph 24.
Voluntary Dismissal. Either the Company or the Executive may terminate Executive's employment by providing six (6) months prior written notice to the other party at any time after January 31, 2002; provided, however, that the Company may relieve the Executive of his duties during such six-month period and such action shall not constitute Good Reason. A Notice of Termination provided during the Agreement Term by the Company to the Executive pursuant to this Section 4.1 shall be treated, solely for purposes of this Agreement, as a termination by the Company without Cause as of the Termination Date set forth in such notice, except in the case of a Termination Date of January 31,
Voluntary Dismissal. GigCapital5 will file with the Court of Chancery of the State of Delaware, the Notice of Voluntary Dismissal Without Prejudice attached hereto as Exhibit C, to voluntarily dismiss without prejudice the lawsuit captioned GigCapital5, Inc. v. QT Imaging, Inc. and ▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇. and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Trust Dated 7/27/07, C.A. No. 2023-0911-LWW (the “Lawsuit”).