Tyco Intl (US) Inc, et al v. Swartz

Filing 35

ORDER approving STIPULATION of Dismissal re: Officer Assigned claims (filed as document #1534 in 02-md-1335) Signed by Judge Paul J. Barbadoro. (mm)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIR E

) IN RE : ) MDL Docket No . 02-1335-PB ) TYCO INTERNATIONAL LTD ., ) This document relates to : SECURITIES LITIGATION ) Civil Action No . 03-1350-PB ) ) Individual Actions ) (Tyco v . Swartz) ) STIPULATION OF DISMISSAL Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, the parties hereby stipulate to the severance and dismissal, with prejudice, of the claims alleged by the Plaintiffs in Civil Action No. 02-1335-PB (the "Securities Class Action Plaintiffs") against Mark H . Swartz ("Swartz") and thereafter assigned to Plaintiff Tyco International Ltd . ("Tyco") (the "Officer Assigned Claims") . The Officer Assigned Claims against Swartz are more specifically identified as follows : o Originally alleged by the Securities Class Action Plaintiffs in the Consolidated Securities Class Action Complaint, MDL Docket No . 02-1335-PB ("Securities Action") ; o Assigned to Tyco by operation of the Stipulation of Settlement entered into by and between the Securities Class Action Plaintiffs and Tyco, among others, on July 6, 2007 and approved by the Court by Order entered 12119I2007 ; o Severed from the Securities Action and styled as I he Securities Action Clczs .s, by and through Tyeo Internationczl Ltd. as assigrzee v . Mark H. Swartz, by Order entered 8/5/2008 : and

o Consolidated for pretrial purposes with Tyco v. MarkK Swartz, Original Civil Action No . 03-2247 (S .D .N .Y .) (MDL Docket No . 03-1350-PB), by Order entered 8/5/2008 . Pursuant to Rule 41(a)(1)(ii), this Stipulation of Dismissal is signed by or on behalf of all parties who have appeared in this action . The parties stipulate that this dismissal is limited to the Officer Assigned Claims against Swartz and will have no effect on Tyco pursuing all other remaining claims against Swartz in this or any other action and all Officer Assigned Claims against parties other than Swartz . Each party shall bear its own costs, attorneys' fees, and expenses .

1 day of July, 2009 , It is SO ORDERED this 4

/s/ Paul Barbadoro Paul Barbadoro
United States District Jud~-Ye

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Respectfully submitted , /s/ Michael J . Grudberg Michael J . Grudberg, Esq . STILLMAN, FRIEDMAN & SHECHTM P .C . 425 Park Avenue New York, NY 10022 Telephone : [phone] Attorneys for DefendtmtMarkH. Sxcrt

Respectfully submitted, !s! Edward A . Haffe r Edward A . Haffer, N .H . Bar #1052 SHEEHAN P HINNEY BASS & GREEN, P .A. 1000 Elm Street, 11thFloor Manchester, NH 03101 Telephone : [phone] Anne Marie Whittemore Elizabeth F . Edwards MCGUIREWOODS LLP One James Center 901 East Cary Street Richmond, VA 23219-4030 Telephone : [phone] Attorneys for Pdainfiff Tyco Internationczl Ltd.

CERTIFICATE OF SERVICE I certify that copies of the foregoing were served this date on the attached Service List through ECF or by mail for those on the list who do not have an ECF Registration . /s/ Edward A . Haffer

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SERVICE LIS T Michael J . Grudberg, Esq . STILLMAN, FRIEDMAN & SHECHTMAN, P .C . 425 Park Avenu e New York, NY 10022