Hatch v. Sandgaard et al

Filing 71

ORDER granting 69 Joint Motion to Dismiss Party Taylor Simonton and Mary Beth Vitale with prejudice, by Judge R. Brooke Jackson on 4/10/2012.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01964-RBJ-KLM
STEPHEN T. HATCH, derivatively, on behalf of
ZYNEX, INC. f/k/a ZYNEX MEDICAL HOLDINGS, INC.,
Plaintiff,
v.
THOMAS SANDGAARD,
FRITZ G. ALLISON,
TAYLOR SIMONTON, and
MARY BETH VITALE,
Defendants.
and
ZYNEX, INC., f/k/a ZYNEX MEDICAL HOLDINGS, INC., a Nevada corporation,
Nominal Defendant.

ORDER GRANTING JOINT MOTION TO DISMISS INDEPENDENT DIRECTOR
DEFENDANTS TAYLOR SIMONTON AND MARY BETH VITALE

This matter has come before the Court on the Joint Motion to Dismiss Independent
Director Defendants Taylor Simonton and Mary Beth Vitale (the “Motion to Dismiss”).
The Court, being fully advised, hereby GRANTS the Motion and ORDERS that
Independent Director Defendants Taylor Simonton and Mary Beth Vitale be dismissed from the
above-captioned action without prejudice subject to Final Court Approval of the Settlement as
described in the Motion to Dismiss (the “Dismissal”).

The Court further ORDERS that this Dismissal will become a dismissal with prejudice
upon Final Approval of the Settlement.
DATED: April 10, 2012

BY THE COURT:

_________________________________
U.S. District Judge

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