STIPULATION OF DISMISSAL WITHOUT PREJUDICE Sample Clauses

STIPULATION OF DISMISSAL WITHOUT PREJUDICE. Pursuant to Rules 41(a)(1) and 41(c) of the Federal Rules of Civil Procedure. The Plaintiff and Defendants, by their undersigned attorneys, hereby stipulate and agree that the above captioned action, including all claims, counterclaims and affirmative defenses, are dismissed without prejudice. Each party will bear its own costs, disbursements and attorneys’ fees. Dated: , 2008 Respectfully submitted, Of Counsel: Xxxxxx X. Xxxxxxxx, Esq. Xxxxxxx X. Xxxx, Esq. Xxxxxxx Xxxxxxx, Esq. FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 000 Xxx Xxxx Xxxxxx, X.X. Xxxxxxxxxx, X.X. 00000-0000 Tel.: (000) 000-0000 Fax: (000) 000-0000 Xxxxx X. XxXxxxx, Esq. Xxxxx Xxxxxxx, Esq. XXXXXXX P.C. Xxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000-0000 Tel.: (000) 000-0000 Fax: (000) 000-0000 Email: xxxxxxxx@xxxxxxxxxx.xxx Attorneys for Plaintiff Xxxxxx Xxxxxxxx Company, Inc. Of Counsel: Xxxxxx X. Xxx, Esq. Xxxxxxx X. Xxxxx, Esq. Xxxxxxx X. Xxxxx, Esq. Xxxxxxx Xxxxxx, Esq. XXXXXX & XXXXXX L.L.P. 0 Xxxxxxxx Xxx Xxxx, XX 00000-0000 Tel.: (000) 000-0000 Fax: (000) 000-0000 Xxxxx X. Curving, Esq. Xxxxxx X. Xxxxxxxxx, Esq. XXXXX, DANZIG, SCHERER, XXXXXX & XXXXXXXX LLP Headquarters Plaza Xxx Xxxxxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Tel.: (000) 000-0000 Fax: (000) 000-0000 Attorneys for Defendants Xxxxxx Pharmaceuticals, Inc. and Xxxxxx Laboratories, Inc.
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STIPULATION OF DISMISSAL WITHOUT PREJUDICE. IT IS HEREBY STIPULATED AND AGREED by and between counsel for Petitioners The Xxxxxxxx Project and Xxxxx Xxxxxx (collectively, “Petitioners”), and Respondent Memphis Shelby Crime Commission (“MSCC”), that the claims in the above- captioned action between the Petitioners and the MSCC, including and any all counterclaims, are hereby dismissed without prejudice, in accordance with the Settlement Agreement executed on January 31, 2020, and attached as Exhibit 1. All costs assessed by the Clerk and Master shall be borne one-half by Petitioners and one-half by Respondent. SO ORDERED: CHANCELLOR Date: CONSENTED TO AND APPROVED BY: XXXXXX X. XXXX (Tenn. BPR No. 11641) X. XXXXXXX XXX, JR. (Tenn. BPR No. 26828) XXXXX AND XXXXX XXX Crescent Center 0000 Xxxxxx Xxxxxx, Xxxxx 000 Memphis, TN 38119 Phone: (000) 000-0000 Facsimile: (000) 000-0000 Attorneys for Petitioners Xxxx Xxxxxxxxx (Tenn. BPR No. 7677) Xxxxx, Xxxxxx, & Xxxxxxx, PLLC 000 Xxxxx Xxxxx Memphis, TN 38103 Phone: (000) 000-0000 Facsimile: (000) 000-0000 Attorney for Respondent
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STIPULATION OF DISMISSAL WITHOUT PREJUDICE. 1. Pursuant to Rules 41(a)(1) and 41(c) of the Federal Rules of Civil Procedure, BioMarin Pharmaceutical Inc. (“BioMarin”) and Merck & Cie (“Merck”) (BioMarin and Merck are, together, the “Plaintiffs”) and Xx. Xxxxx’x Laboratories, Inc. and Xx. Xxxxx’x Laboratories, Ltd. (together, “DRL” or “Defendants”) hereby stipulate and agree that all claims, counterclaims and affirmative defenses asserted by Plaintiffs and Defendants against one another in the above-captioned consolidated action (the “Action”) are hereby dismissed without prejudice, and without costs, disbursements, or attorneys fees to any party.
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STIPULATION OF DISMISSAL WITHOUT PREJUDICE. Plaintiff Vonage Holdings Corp. and Defendants Nortel Networks Inc. and Central Telephone Company of Texas hereby stipulate and request that:
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STIPULATION OF DISMISSAL WITHOUT PREJUDICE. Plaintiff Vonage Holdings Corp. and Defendants Nortel Networks Inc. and Nortel Networks Limited hereby stipulate and request that:
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STIPULATION OF DISMISSAL WITHOUT PREJUDICE. Pursuant to Rule 41(a)(2), Fed. R. Civ. P., IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their undersigned counsel of record, that the above-identified consolidated actions be and hereby are voluntarily dismissed in their entirety without prejudice, including all claims and counterclaims, with each party bearing its own attorneys’ fees and costs in connection with the consolidated actions. Respectfully submitted, United Therapeutics Corporation, Sandoz Inc., By its attorneys, By its attorneys, BLANK ROME LLP Xxxxxxx X. Xxxxxxxx Xxxxx X. Xxxxxxx New Jersey Resident Partners 000 Xxxxxxxx Xxxxxx, 0x Xxxxx Xxxxxxxxx, XX 00000 Telephone: (000) 000-0000 OF COUNSEL: XXXXXX XXXXXXX XXXXXXXX & XXXXXX Xxxxxxx Carsten 00000 Xx Xxxxxx Xxxx Xxxxx 000 Xxxx Xxxxx, XX 00000 XXXXX, XXXXXXX & FLEXNER LLP Xxxxxxx X. Xxxxxxx 0000 Xxxxxxxxx Xxx, XX Xxxxxxxxxx, XX 00000 XXXXXX XXXXXX DISTRICT COURT DISTRICT OF NEW JERSEY UNITED THERAPEUTICS CORPORATION, Plaintiff and Counterclaim-Defendant,
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Related to STIPULATION OF DISMISSAL WITHOUT PREJUDICE

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  • Governing Law; Choice of Forum; Waiver of Jury Trial (A) This Agreement and any claim, controversy or dispute arising under or related to this Agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties shall be enforced, governed, and construed in all respects (whether in contract or in tort) in accordance with the federal law of the United States if and to the extent such law is applicable, and otherwise in accordance with the laws of the State of New York applicable to contracts made and to be performed entirely within such State. Each of the parties hereto agrees (a) to submit to the exclusive jurisdictions and venue of the United States District Court of the District of Columbia and the United States Court of Federal Claims for any and all civil actions, suits or proceedings arising out of or relating to this Agreement or the transactions contemplated hereby, and (b) that notice may be served upon (i) the Purchaser at the address and in the manner set forth for notices to the Purchaser in Section 7.05 and (ii) the Seller at the address and in the manner set forth for notices to the Seller in Section 7.05, but otherwise in accordance with federal law.

  • Governing Law; WAIVER OF TRIAL BY JURY This Lease shall be construed and enforced in accordance with the laws of the State of California. IN ANY ACTION OR PROCEEDING ARISING HEREFROM, LANDLORD AND TENANT HEREBY CONSENT TO (I) THE JURISDICTION OF ANY COMPETENT COURT WITHIN THE STATE OF CALIFORNIA, (II) SERVICE OF PROCESS BY ANY MEANS AUTHORIZED BY CALIFORNIA LAW, AND (III) IN THE INTEREST OF SAVING TIME AND EXPENSE, TRIAL WITHOUT A JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER OR THEIR SUCCESSORS IN RESPECT OF ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT’S USE OR OCCUPANCY OF THE PREMISES, AND/OR ANY CLAIM FOR INJURY OR DAMAGE, OR ANY EMERGENCY OR STATUTORY REMEDY. IN THE EVENT LANDLORD COMMENCES ANY SUMMARY PROCEEDINGS OR ACTION FOR NONPAYMENT OF BASE RENT OR ADDITIONAL RENT, TENANT SHALL NOT INTERPOSE ANY COUNTERCLAIM OF ANY NATURE OR DESCRIPTION (UNLESS SUCH COUNTERCLAIM SHALL BE MANDATORY) IN ANY SUCH PROCEEDING OR ACTION, BUT SHALL BE RELEGATED TO AN INDEPENDENT ACTION AT LAW.

  • Mutual Waiver of Jury Trial / Judicial Reference Because disputes arising in connection with complex financial transactions are most quickly and economically resolved by an experienced and expert person and The Parties wish applicable state and federal laws to apply (rather than arbitration rules), The Parties desire that their disputes be resolved by a judge applying such applicable laws. EACH OF THE PARTIES SPECIFICALLY WAIVES ANY RIGHT THEY MAY HAVE TO TRIAL BY JURY OF ANY CAUSE OF ACTION, CLAIM, CROSS-CLAIM, COUNTERCLAIM, THIRD PARTY CLAIM OR ANY OTHER CLAIM (COLLECTIVELY, “CLAIMS”) ASSERTED BY YOU AGAINST US OR OUR ASSIGNEE OR BY US OR OUR ASSIGNEE AGAINST YOU. IN THE EVENT THAT THE FOREGOING JURY TRIAL WAIVER IS NOT ENFORCEABLE, ALL CLAIMS, INCLUDING ANY AND ALL QUESTIONS OF LAW OR FACT RELATING THERETO, SHALL, AT THE WRITTEN REQUEST OF ANY PARTY, BE DETERMINED BY JUDICIAL REFERENCE PURSUANT TO THE CALIFORNIA CODE OF CIVIL PROCEDURE (“REFERENCE”). THE PARTIES SHALL SELECT A SINGLE NEUTRAL REFEREE, WHO SHALL BE A RETIRED STATE OR FEDERAL JUDGE. IN THE EVENT THAT THE PARTIES CANNOT AGREE UPON A REFEREE, THE REFEREE SHALL BE APPOINTED BY THE COURT. THE REFEREE SHALL REPORT A STATEMENT OF DECISION TO THE COURT. NOTHING IN THIS SECTION SHALL LIMIT THE RIGHT OF ANY PARTY AT ANY TIME TO EXERCISE LAWFUL SELF-HELP REMEDIES, FORECLOSE AGAINST COLLATERAL OR OBTAIN PROVISIONAL REMEDIES. THE PARTIES SHALL BEAR THE FEES AND EXPENSES OF THE REFEREE EQUALLY UNLESS THE REFEREE ORDERS OTHERWISE. THE REFEREE SHALL ALSO DETERMINE ALL ISSUES RELATING TO THE APPLICABILITY, INTERPRETATION, AND ENFORCEABILITY OF THIS SECTION. THE PARTIES ACKNOWLEDGE THAT THE CLAIMS WILL NOT BE ADJUDICATED BY A JURY. This waiver extends to all such Claims, including Claims that involve Persons other than You and Us; Claims that arise out of or are in any way connected to the relationship between You and Us; and any Claims for damages, breach of contract, specific performance, or any equitable or legal relief of any kind, arising out of this Warrant Agreement.

  • Waiver of Claims; Indemnification To the fullest extent permitted by applicable law, You hereby release, waive, discharge and covenant not to xxx Us and Our Contractors for any liability to You, Your personal representatives, assigns, heirs, or successors in interest, or for any loss, damage or expenses, or any claims, demands or Actions therefore, arising from or related to, directly or indirectly, Our or Our Contractors' use of the rights and licenses granted in this Agreement to fulfill the Services and other obligations under this Agreement, including, but not limited to, claims for copyright or trademark infringement, infringement of moral rights, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world. For purposes of this Agreement, "Actions" include any litigation, lawsuit or administrative, governmental or other proceeding including, but not limited to, government investigations, inquiries, hearings, and other requests, or any appeal thereof. You acknowledge that You are solely and fully responsible for the content of the Manuscript and the Work and that We will not be liable to You, or to any third party or other person or entity for the content of Your Manuscript or the Work, regardless of whether We had any knowledge or could have reasonably known of any violation of Your above representations or that the Work or Manuscript otherwise violates law. You will fully indemnify and hold harmless, Us and Our Contractors, and each such entity’s officers, directors, employees, agents, insurers, contractors, successors, and permitted assigns from and against any claim, cause of action, demand, Action, proceeding, losses, liability, cost, expense (including reasonable attorneys’ fees) or damages arising out of or resulting from a breach of contract, including, but not limited to, any breach or alleged breach of any of Your foregoing representations, warranties, and obligations. Until any claim for indemnity hereunder has been fully satisfied, We may retain all payments due You, including Royalties, if any, and/or We may cease providing any further Services; and You will have no right to receive a Refund of any amounts paid by You to Us.

  • VENUE; JURY TRIAL WAIVER (a) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS FOR ITSELF AND ITS PROPERTY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT TO THE EXCLUSIVE GENERAL JURISDICTION OF THE SUPREME COURT OF THE STATE OF NEW YORK FOR THE COUNTY OF NEW YORK (THE “NEW YORK SUPREME COURT”), AND THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (THE “FEDERAL DISTRICT COURT,” AND TOGETHER WITH THE NEW YORK SUPREME COURT, THE “NEW YORK COURTS”) AND APPELLATE COURTS FROM EITHER OF THEM; PROVIDED THAT NOTHING IN THIS AGREEMENT SHALL BE DEEMED OR OPERATE TO PRECLUDE (I) ANY PARTY FROM BRINGING ANY LEGAL ACTION OR PROCEEDING IN ANY JURISDICTION FOR THE RECOGNITION AND ENFORCEMENT OF ANY JUDGMENT, (II) IF ALL SUCH NEW YORK COURTS DECLINE JURISDICTION OVER ANY PERSON, OR DECLINE (OR IN THE CASE OF THE FEDERAL DISTRICT COURT, LACK) JURISDICTION OVER ANY SUBJECT MATTER OF SUCH ACTION OR PROCEEDING, A LEGAL ACTION OR PROCEEDING MAY BE BROUGHT WITH RESPECT THERETO IN ANOTHER COURT HAVING JURISDICTION AND (III) IN THE EVENT A LEGAL ACTION OR PROCEEDING IS BROUGHT AGAINST ANY PARTY HERETO OR INVOLVING ANY OF ITS ASSETS OR PROPERTY IN ANOTHER COURT (WITHOUT ANY COLLUSIVE ASSISTANCE BY SUCH PARTY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES), SUCH PARTY FROM ASSERTING A CLAIM OR DEFENSE (INCLUDING ANY CLAIM OR DEFENSE THAT THIS SECTION 7.17(A) WOULD OTHERWISE REQUIRE TO BE ASSERTED IN A LEGAL PROCEEDING IN A NEW YORK COURT) IN ANY SUCH ACTION OR PROCEEDING.

  • Arbitration; Waiver of Jury Trial The Company and the Employee agree to the resolution by binding arbitration of all claims, demands, causes of action, disputes, controversies or other matters in question (“claims”) whether or not arising out of this Agreement, whether sounding in contract, tort or otherwise and whether provided by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliates, and each of the foregoing entities’ respective officers, directors, employees or agents in their capacity as such or otherwise; except that this agreement to arbitrate shall not limit the Company’s right to seek equitable relief, including injunctive relief and specific performance, and damages in a court of competent jurisdiction. The Company and the Employee agree that any arbitration shall be in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”) or such other rules of the AAA as applicable to the claims being arbitrated. If a party refuses to honor its obligations under this agreement to arbitrate, the other party may compel arbitration in either federal or state court. The arbitrator shall apply the substantive law of the State of Delaware (excluding Delaware choice-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims asserted. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is not subject to arbitration. The parties agree that venue for arbitration will be in Wilmington, Delaware, and that any arbitration commenced in any other venue will be transferred to Wilmington, Delaware, upon the written request of any party to this Agreement. In the event that an arbitration is actually conducted pursuant to this Section 10(m), the party in whose favor the arbitrator renders the award shall be entitled to have and recover from the other party all costs and expenses incurred, including reasonable attorneys’ fees, expert witness fees, and costs actually incurred. Any and all of the arbitrator’s orders, decisions and awards may be enforceable in, and judgment upon any award rendered by the arbitrator may be confirmed and entered by, any federal or state court having jurisdiction. All proceedings conducted pursuant to this agreement to arbitrate, including any order, decision or award of the arbitrator, shall be kept confidential by all parties. EACH PARTY ACKNOWLEDGES THAT, BY SIGNING THIS AGREEMENT, SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A JURY TRIAL OR A COURT TRIAL OF ANY COVERED CLAIM ALLEGED BY SUCH PARTY.

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