Teacher Retirement System of Texas v. TYCO International Ltd. et al

Filing 29

ORDER Agreed Order and Final Judgment of Dismissal and Bar Order Signed by Judge Paul J. Barbadoro. (mm)

UNITED STATES DISTRICT CO(,IRT DISTRICT OF NEW HAMPSHIR E

TEACHER RETIREMENT SYSTEM OF TEXAS, et al . .

Plaintiffs
V.

MDL No . : 02-1335 08-CV-01336-PF3

TYCO INTERNATIONAL LTD . ; TYCO ELECTRONICS LTD . ; COVIDIEN LTD . ; COVIDIEN (U .S . ) ; L. DENNIS ICOZLOWSKI ; MARK H . SWARTZ ; and FRANK E . WALSH, JR . , Defendants .

AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL AGAINST DEFENDANTS TYCO INTERNATIONAL LTD ., TYCO ELECTRONICS LTD., AN D COVIDIEN LTD . AND BAR ORDE R Plaintiffs Teacher Retirement System of Texas, Fred Alger Manaaement, Inc ., CastleRock Fund, Ltd ., CastleRock Partners L.P ., CastleRock Partners It L .P ., CastleRock Asset Management Personal Accounts, Atticus Global Advisors, Ltd., Atticus Inte rn ational Fund, Ltd ., Half Moon Capital Pa rtners, L .P ., NR Securities Limited ( f/k/a Dred, Ltd .), National Sank of Canada, Omega Capital Partners, L .P ., Omega Capital Investors, L .P ., Omega Overseas Pa rt ners, Ltd ., Omega Equity Investors, L.P_, Omega Equity Overseas, Ltd., Omega Institutr`onal Partners, L .P ., Omega Institutional Partners IT, L .P., Beta Equities, Inc ., Goldman Sachs Profit Sharing 1Vlaster T rust, The Ministers and Missionaries Benefit Board of American Baptist Churches. Permal LGC Ltd ., Watchung Road Associates, L .P ., Mr . Leon G. Cooperman, Mrs . Toby Cooperman, Michael Scott Cooperman, Commonfund Asset Management Company, Inc ., Munder Large-Cap Value ("Plaintiffs") and Defendants Tyco Inte rn ational Ltd., Tyco Electronics Ltd ., Covidien Ltd . and Covidien (U .S .) (each of them a"SettGng Party" and

collectively, the "Settling Parties"), having represented to the Court that they have entered into a settlement agreement that resolves all issues between and among them in the Complaint, and for good cause shown, the Court ORDERS : 1 . Pursuant to Section 21D(f)(7)(A) of the Private Securities Litigation Reform Act of 1995, 15 CLS .C . § 78u-4(f)(7)(A) : (a) Defendants L. Dennis Kozlowski, Mark H . Swartz and Frank E . Walsh, Jr . (collectively, the "Non-Settling Defendants"), and each of them, are hereby permanently barred, enjoined, and restrained from commencing, prosecuting, or asserting any claim for or otherwise seeking contribution against any Settling Party based upon, relating to, or arising out of the subject matter, allegations, transactions, facts, matters, occurrences , representations or omissions alleged, involved, set forth or referred to in the Complaint in this suit ; and (b) except as provided in paragraph 6(c) of the accompanying Settlement Agreement And Release, each Settling Party is hereby permanently barred, enjoined, and restrained from commencing, prosecuting, or asserting any claim for or otherwise seeking contribution for any amount paid in connection with this action against any other person based upon, relating to, or arising out of the subject matter, allegations, transactions, facts, nmatters, occurrences , representations or omissions alleged, involved, set forth or referred to in the Compiaint in the suit . 2 . Because there is no just reason for the delaying the entry of a final judgment wit respect to the claims asserted by Plaintiffs against the Settling Parties, all claims asserted by Plaintiffs against the Settling Parties in the Complaint are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 54(b) . This action is not dismissed with respect to any claims against the Non-Settling Defendants .

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3_ The Clerk is directed to enter this Agreed Order and Final Judgment of Dismissal against Defendants Tyco International Ltd ., Tyco Electronics Ltd ., Covidien Ltd . and Covidien (U . S .) and Bar Order as a final judgment and send a copy of same to all counsel of record_ IT IS SO ORDERED. Enter : 07/14/200 9

js/ Paul Barbadoro The Hon . Paul Barhadoro United States District Judge

We ask for this :

sl Edward A . Haf(er Edward A . Haffer, Esq . N .IL Bar #105 2 SIlEEHAN PIJINNEY BASS & GREEN, P .A . 1000 Elm Street, I Ith floo r Manchester, NH 0310 1
Elizabeth F . Edwards, Esq . MCGU1REGb'OODS LLP One James Center

901 East Cary Street Richmond, VA 2321 9 Counsel for 7yco lnternationat Ltd., Tpco Eaectronics Ltd., Covidiere, Ltd. and Covidien (U.S.)

/s/ Blair A. Nicholas Blair A . Nicholas, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 12481 High Bluff Drive, Suite 300 San Diego, CA 9213 0 Counsel for Plaintiffs

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CERTIFICATE OF SERVIC E
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 . !sl Edward A. Iiaffer

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