Nuveen Balanced Municipal and Stock Fund et al v. Tyco International Ltd. et al

Filing 17

ORDER Agreed Order for Entry of Judgment of Dismissal Against Defendants Tyco International, Ltd., Tyco Electronics Ltd., Covidien Ltd., Covidien (US), and Bar Order Signed by Judge Paul J. Barbadoro. (mm)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE
NUVEEN BALANCED MUN . & STOCK FUND , et al .,

08-CV-01338-P B Plaintiffs,
V.

MDL 1335

TYCO INTERNATIONAL LTD ., et at , Defendants .

AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL AGAINST DEFENDANTS 7°YCO INTERNATIONAL LTD ., TYCO ELECTRONICS LTD. COVIDIEN LTD ., COVIDIEN (US), AND BAR ORDE R Plaintiffs Nuveen Balanced Municipal And Stock Fund, Nuveen Balanced Stock And Bond Fund, Nuveen Large-Cap Value Fund, and Nuveen Rittenhouse Growth Fund and Defendants Tyco International Ltd ., Tyco Electronics Ltd ., Covidien Ltd . and Covidien (U .S .) (each of them a "Settling 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 : l . 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) defendants L . Dennis Kozlowski, Mark U. 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 5(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, 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 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 . 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

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

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We ask for this :

ls! Edward A . Haffer Edward A . Haffer, Esq . N .H . Bar #1052 SHEEHAN PHINNEY BASS & GREEN, P .A. 1000 Elm Street, 11th floor

Manchester, NH 0310 1
Elizabeth F . Edwards, Esq. MCGUIREWOODS LLP One James Cente r 901 East Cary Street Richmond, VA 23219 Counsel for Tyco International Ltd, Tyco Electronics Ltd ., Covidien, Ltd. and Covidien (US.)

/s/ Edward A . Haffer for Steven E. Fineman, Esq. Daniel P . Chiplock, Esq. Michael Miarmi, Esq . LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 1001 3

Counsel for Plaintiffs

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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 .

JsJ Edward A . Haffer Edward A . Haffer

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