Defendant. (1) will promptly notify Respondent of any Claim and permit Respondent, using agreed counsel, to answer and defend; (2) at Respondent’s reasonable request and expense, will assist in the defense and provide non-confidential information; and (3) at its expense, may participate in the defense with separate counsel. Respondent is not responsible for settlements it does not consent to and will not settle Claims under this Section 17 without Defendant’s consent (with both parties’ consent not unreasonably withheld). Neither party will stipulate, acknowledge, or admit fault or liability on the other’s part without the other’s prior, written consent. Respondent will not publicize any settlement without Defendant’s prior written consent.
Defendant. No. 1:16-cv-2835-GLR [PROPOSED] ORDER GRANTING MOTION FOR CERTIFICATION OF SETTLEMENT CLASS AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT This litigation arises out of a class action alleging breaches of fiduciary duties and prohibited transactions against the Defendant The Johns Hopkins University under the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. § 1001, et seq., with respect to its management, operation, and administration of The Johns Hopkins University 403(b) Plan (the “Plan”). Defendant denies and continues to deny the allegations, claims and contentions of the Class Representatives, deny that it is liable at all to the Settlement Class, and denies that the Settlement Class or the Plan has suffered any harm or damage for which it could be held responsible, as Defendant contends that it acted prudently and in keeping with its fiduciary responsibilities under ERISA by monitoring, reviewing and evaluating the Plan’s investment options, monitoring, reviewing and evaluating the administrative fees paid by the Plan, by eliminating or adding investment options when appropriate, and by negotiating fees for administrative services for the Plan to ensure that the Plan participants paid reasonable fees for the services provided. In their Unopposed Motion for Preliminary Approval of Class Settlement, the Class Representatives seek preliminary approval of a settlement of the claims asserted in Kelly, et al. v.
Defendant. Case No. 1:16-CV-01044-CCE-LPA Case No. 1:18-CV-00722-CCE-LPA [PROPOSED] FINAL ORDER AND JUDGMENT EAGLES, U.S. District Court Judge: Wherefore, this day of , 2019, upon consideration of the Plaintiffs’ Motion for Final Approval of the Settlement of the actions (collectively referred to as the “Class Actions”) under the terms of a Class Action Settlement Agreement dated January 16, 2019, (the “Settlement Agreement”), the Court hereby orders and adjudges as follows:
Defendant. STIPULATION OF DISMISSAL ------------------------ Pursuant to Rule 41, Fed. R. Civ. P., Plaintiff Sirius Radio Inc. and Defendant XM Satellite Radio, Inc., by their undersigned attorneys, stipulate that this action be dismissed, without prejudice, each party bearing its own costs and attorney fees. Respectfully submitted, Respectfully submitted, By_________________________ By_________________________ James David Jacobs (JJ 7731) Robert C. Morgan (RM 0245) Robert B. Davidson (RD 7158) Mark H. Bloomberg (MB 5614) Jonathan S. Caplan (JC 1039) FISH & NEAVE BAKER & MCKENZIE 1251 Avenue of the Americas 805 Third Avenue New York, New York 10020 New York, New York 10022 Tel.: (212) 596-9000 Tel.: (212) 751-5700 Attorneys for Plaintiff, Attorneys for Defendant, Sirius Radio Inc. XM Satellite Radio Inc. Dated:_________________________ Dated:_________________________ EXHIBIT B PRESS RELEASE PRESS RELEASE For Immediate Release Sirius Radio and XM Radio Form Alliance to Develop Unified Standard for Satellite Radios New York, NY and Washington, DC -- February 16, 2000 -- Sirius Satellite Radio (Nasdaq: SIRI) and XM Satellite Radio (Nasdaq: XMSR) today announced an agreement to develop a unified standard for satellite radios. The standard is expected to accelerate growth of the satellite radio category by enabling consumers to purchase one radio capable of receiving both companies' broadcasts. XM Radio and Sirius will jointly fund development of the technology and work together to proliferate the new standard by creating a service mark for satellite radio. As part of the agreement, each company will contribute its intellectual property to the initiative and have agreed to resolve any pending patent litigation. "This standard is good news both for consumers and for the category," said David Margolese, Sirius Chairman and CEO, and High Panero, XM President and CEO, in a joint statement. "This will allow for reduced subscriber acquisition costs, more satellite radios in the marketplace, and a simplified choice for consumers." The unified standard will represent a second generation of satellite radios. At the time of the commercial launches of XM Radio and Sirius, consumers will be able to purchase radios capable of receiving one of the two companies' broadcasts. These radios are already being developed by leading electronics and automotive manufacturers. XM and Sirius will work with their existing automobile and radio manufacturing partners to integrate the new standard und...