STIPULATED ORDER OF DISMISSAL Sample Clauses

STIPULATED ORDER OF DISMISSAL. The Court has entered the Stipulated Order of Dismissal substantially in the form of Exhibit B, attached hereto.
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STIPULATED ORDER OF DISMISSAL. After Court approval of the apportionment and satisfaction of all Conditions other than the Stipulated Order of Dismissal, the Parties agree to propose a Stipulated Order of Dismissal in substantially the form attached hereto as Exhibit B, by which the Parties will request the dismissal with prejudice of the AGO Complaint and the Action.
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STIPULATED ORDER OF DISMISSAL. Pursuant to a settlement, the plaintiffs and defendant hereby stipulate and agree, and respectfully request that the Court Order:
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STIPULATED ORDER OF DISMISSAL. By this Agreement the parties intend to terminate this litigation. If the settlement is approved by the District Court, the proceeding will be dismissed in full with prejudice by stipulated order (“Stipulated Order of Dismissal”) pursuant to Federal Rules of Civil Procedure (“F.R.C.P.”) 41(a)(2). Damages claims of unnamed individual class members only will be exempted from the stipulated order as provided in Paragraph II(E), below.
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STIPULATED ORDER OF DISMISSAL. Pursuant to the provisions of Fed. R. Civ. P. 41, the parties, by and through their counsel of record, hereby dismiss all claims and counterclaims asserted by them in the above-styled actions. Each side will bear its own fees and costs. By:_________________________________ Attorneys for Plaintiffs xxxxxxx.xxx, l.l.c. and VIMACHINE, INC. By:_________________________________ Attorneys for Defendants VISA INTERNATIONAL SERVICE ASSOCIATION and VISA U.S.A. INC. By:_________________________________ Attorneys for Intervenor XXXXX TALTI
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STIPULATED ORDER OF DISMISSAL. The parties have jointly moved the Court, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, to enter an Order dismissing with prejudice all claims brought in this Civil Action by the parties. IT IS HEREBY ORDERED, in accordance with Federal Rule of Civil Procedure 41(a)(2), as follows: All claims brought by Versata Software, Inc. (f/k/a Trilogy Software, Inc.) and Versata Development Group, Inc. (f/k/a Trilogy Development Group, Inc.) in this Civil Action, are dismissed with prejudice. All claims and counterclaims brought by Selectica, Inc. in this Civil Action are dismissed with prejudice. Each party shall bear its own attorneys’ fees and costs that it has accrued in relation to all claims and all counterclaims in this action. EXHIBIT C JOINT PRESS RELEASE SELECTICA AND VERSATA SOFTWARE ANNOUNCE SETTLEMENT OF PATENT LITIGATION AND DEVELOPMENT OF JOINT MARKETING RELATIONSHIP San Jose, Calif. – October X, 2007 – Selectica Inc. (NASDAQ: SLTC) and Versata Software, Inc. (formerly known as Trilogy Software, Inc.) announced today that they have reached an amicable settlement of a patent lawsuit pending in the United States District Court for the Eastern District of Texas since 2006. As part of the settlement, Versata will license the asserted patents together with others to Selectica for the life of the patents, and Selectica will pay to Versata an undisclosed sum in royalties. All claims made in the litigation will be dismissed with prejudice. The parties have agreed that the resolution of this lawsuit does not constitute an admission of liability. In addition, Selectica and Versata entered into a joint marketing arrangement focused on revitalizating and growing the configuration and pricing market. Specifically, Versata will have the opportunity to market Selectica’s configuration, pricing and quoting (CPQ) solution to Versata’s installed customer base. Selectica and Versata will share in the license and services revenue generated through the joint marketing efforts. “We are very pleased to resolve our patent litigation and turn an adversarial relationship into a strategic relationship that we believe can help accelerate our growth in the future,” said Xxxxxx Xxxxxxxxx, Chairman and Chief Executive Officer of Selectica. “As part of the continued servicing of our CPQ installed base over the past few years, we have continually developed enhancements to our core CPQ technology. As a result, we believe that our product will be an attractive compleme...
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STIPULATED ORDER OF DISMISSAL. On May 1, 2002, plaintiffs CHANGING WORLD TECHNOLOGIES, INC. (“CWT”) and RESOURCE RECOVERY CORP. (“RRC”), filed their complaint (the “Complaint”) against defendant Xxxx X. Xxxxxx (“Baskis”). On May 24, 2002, defendant Baskis filed his Answer and Counterclaims and Third-party Complaint (the “Countercomplaint”) containing counterclaims against CWT and RRC and third-party claims against AB-CWT LLC (“ABCWT”). On July , 2002, CWT, RRC, ABCWT, and Baskis entered into a Settlement Agreement (the “Settlement Agreement”), which provides, inter alia, for the entry of this Stipulated Order of Dismissal. Now, therefore, upon consent of CWT, RRC, ABCWT, and Baskis, and upon all prior proceedings herein, it is ORDERED, ADJUDGED AND DECREED that:
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STIPULATED ORDER OF DISMISSAL. Pursuant to Fed. R. Civ. P. 41, it is hereby stipulated by the parties, subject to the approval of the Court, that this action, is dismissed with prejudice subject to the terms of the Settlement and License Agreement executed on _________________, 2009. ______________________________ Xxxxxx X. Xxxxxx (Bar No. 00691) XXXXXXXXX XXXXXX XXXXXXXXX, LLP 00 Xxxxx Xxxxxxx Xxxxxx, Suite 2115 Baltimore, MD 21201 (410) 727-6600 (000) 000-0000 (fax) Xxxxxxx X. Xxxxxx (Bar No. 13063) XXXXXX XXXXX LLP 0000 X Xxxxxx, XX Xxxxxxxxxx, XX 00000 (202) 457-6000 (000) 000-0000 (fax) ____________________________ Xxxxx X. Xxxxxxx, Esq. Xxxx Xxx Xxxxxxx, Esq. Xxxxxxxxx Xxxxxxx, Esq. Xxxxxxx Xxxxx, Esq. XxXXXXX LONG & XXXXXXXX LLP 0000 X Xxxxxx, X.X. Xxxxxxxxxx, X.X. 00000 Attorneys for Defendant Omnicomm Systems, Inc. Xxxxx X. Xxxx (Bar No. 14382) XXXXXX XXXXX LLP 0000 Xxxxxxxx Xxxxx XxXxxx, XX 00000 (703) 744-8000 (000) 000-0000 (fax) Attorneys for Plaintiff DataSci, LLC Of Counsel: Xxxxx A.M. Xxxxxxxx, Ph.X. XXXXXX XXXXX LLP 0000 Xxxxxxxx Xxxxx XxXxxx, VA 22102 (703) 744-8000 (000) 000-0000 (fax) Of Counsel: Xxxx Xxx Xxxxxxx, Esq. XxXXXXX LONG & XXXXXXXX LLP 0000 X Xxxxxx, X.X. Xxxxxxxxxx, X.X. 00000 (202) 496-7500 (000) 000-0000 (fax)
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STIPULATED ORDER OF DISMISSAL. The parties in the above-captioned consolidated cases having reached an agreement to dismiss all claims between them, with prejudice, each party to bear his or its own fees and costs, IT IS HEREBY ORDERED that all claims and counterclaims in Case No. 17 C 4478 and Case No. 18 C 2421 are dismissed with prejudice, each party to bear his or its own fees and costs. ENTER:
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Related to STIPULATED ORDER OF DISMISSAL

  • Dismissal of Litigation Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Normal order of application Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party under or by virtue of any Finance Document shall be applied:

  • Dismissal The School shall not dismiss or transfer a student involuntarily, unless the dismissal or transfer is accomplished through procedures established by the School that are in compliance with applicable laws and due process requirements, provided that any dismissal of a student with a disability shall comply with the requirements of Ch. 8-60, HAR.

  • Interim Order The notice of motion for the application referred to in Section 2.1(a) shall request that the Interim Order provide, among other things:

  • Notice of Litigation and Judgments The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries is or is to become a party involving an uninsured claim against the Borrower, any Guarantor or any of their respective Subsidiaries that could either reasonably be expected to cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower or any of their respective Subsidiaries in an amount in excess of $10,000,000.00.

  • Final Order If the Interim Order is obtained and the Arrangement Resolution is approved at the Company Meeting in accordance with the terms of the Interim Order, the Company shall take all steps necessary to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to section 182 of the OBCA, as soon as reasonably practicable, but in any event not later than three Business Days, after the Arrangement Resolution is passed at the Company Meeting as provided for in the Interim Order.

  • Approval Order The Bankruptcy Court shall have entered the Approval Order and such Order shall be a Final Order.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Arbitrator’s Decision 27.3.3.1 The arbitrator's decision and award shall be in writing and shall state concisely the reasons for the award, including the arbitrator's findings of fact and conclusions of law.

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