Federated American Leaders Fund, Inc. et al v. Tyco International LTD.
AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AGAINST MARK SWARTZ Signed by Judge Paul J. Barbadoro. (mxm)
DISTRICT OF NEW HAMPSHIRE 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. 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 MARK H. SWARTZ 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 Mark H. Swartz. (each of them a "Settling Party" and collectively, the "Settling Parties") having represented to the Court that they have entered into a
MDL Docket No.: 02-01335-PB Docket No.: 08-CV-01337-PB
settlement agreement that resolves all issues between and among them in the Complaint, and for good cause shown, the Court ORDERS: 1. 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 Swartz in the Complaint are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 54(b). 2. The Clerk is directed to enter this Agreed Order and Final Judgment of Dismissal
against Defendant Mark H. Swartz as a final judgment and send a copy of same to all counsel of record. IT IS SO ORDERED. Enter: 11/28/2009 I si Paul Barbadoro The Hon. Paul Barbadoro United States District Judge We ask for this: _/s/ Michael L. Grudberg Michael J. Grudberg STILLMAN FRIEDMAN & SHECHTMAN, P.C. 425 Park Avenue New York, NY 10022 Counsel for Mark H. Swartz
J si Thomas M. 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 509 White Plains, NY 10601 Counsel for Plaintiffs cc: Counsel of Record
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