Federated American Leaders Fund, Inc. et al v. Tyco International LTD.

Filing 29

AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL AGAINST DEFENDANT FRANK WALSH Signed by Judge Paul J. Barbadoro. (mxm)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIR E FEDERATED AMERICAN LEADERS FUND, INC . ; FEDERATED AMERICAN LEADERS FUND II ; FEDERATED STOCK TRUST ; FEDERATED TOTAL RETURN BOND FUND ( Successor in interest to Federated Managed Income Portfolio) ; FEDERATED CAPITAL APPRECIATION FUND II ; FEDERATED MID CAP GROWTH STRATEGIES FUND ; FEDERATED MID CAP GROWTH STRATEGIES FUND II ; FEDERATED LARGE CAP GROWTH FUND ; FEDERATED BOND FUND ; FEDERATED CAPITAL APPRECIATION FUND ; FEDERATED INTERMEDIATE CORPORATE BOND FUND ; and FEDERATED QUALITY BOND FUND II , Plaintiffs ,
V.

MDL Docket No . : 02-01335-PB Case No . : 08-CV-01337-P B

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

AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL AGAINST DEFENDANT FRANK E . WALSH JR. AND BAR ORDER Plaintiffs Federated American Leaders Fund, Inc ., Federated Clover Value Fund II (formerly named Federated American Leaders Fund II), Federated Stock Trust, Federated Total Return Bond Fund (successor in interest to Federated Managed Income Portfolio), Federated Capital Appreciation Fund II, Federated Mid Cap Growth Strategies Fund, Federated Mid Cap Growth Strategies Fund II, Federated Large Cap Growth Fund, Federated Bond Fund, Federated Capital Appreciation Fund, Federated Intermediate Corporate Bond Fund, and Federated Quality Bond Fund II ("Plaintiffs") and Defendant Frank E . Walsh, Jr . (each of them a "Settling Party" and collectively, the "Settling Parties") having represented to the Court that they have entered

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into a settlement agreement that resolves all issues between and among them in the Complaint, and for good cause shown, the Cou rt ORDERS :

1.

Pursuant to Section 21D(f)(7)(A) of the Private Securities Litigation Reform Act

of 1995, 15 U.S.C. § 78u-4(f)(7)(A) : (a) Mark H. Swartz (the "Non-Se ttling Defendant"), is hereby permanently barred, enjoined, and restrained from commencing, prosecuting, or asse rt ing any claim for or otherwise seeking contribution against Walsh based upon, relating to, or a ri sing out of the subject matter, allegations, transactions, facts, matters, occurrences, representa ti ons or omissions alleged, involved, set fo rth or referred to in the Complaint in this suit; and (b) Walsh is hereby permanently barred, enjoined, and restrained from commencing, prosecuting, or asse rt ing any claim for or otherwise seeking contribution for an y 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, matters, occurrences, representations or omissions alleged, involved, set forth or referred to in the Complaint in the suit. 2 . Because there is no just reason for the delaying the entry of a final judgment with respect to the claims asserted by Plaintiffs against the Settling Parties, all claims asserted by Plaintiffs against Walsh 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 claim s against the Non-Settling Defendant.
3 . The Clerk is directed to enter this Agreed Order and Final Judgment of Di s

against Defendant Frank E . Walsh, Jr . and Bar Order as a final judgment and send a copy of same to all counsel of record .

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IT IS SO ORDERED .
Dated : 0$/20/200 9

/s P aul Barbadoro The Hon . Paul Barbadoro United States District Judge

We ask for this:

/s! Michele Palmer Michele Palmer STROOCK STROOCK & LAVAN LLP 180 Maiden Lan e New York, NY 1003 6
Counset for Frank E. Walsh, Jr.

!sl homas Skelton Peter D. St . Phillip, Jr., Esq. Thomas M. Skelton, Esq . Barbara J . Hart, Esq. Todd S . Garber, Esq . LOWEY DANNENBERG COHEN & HART, P .C . White Plains Plaza One North Broadway, Suite 5 09 White Plains, NY 1060 1 CounseZ for Plain£ s

cc : Counsel of Recor d

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