Michigan Department of Treasury v. Tyco International, Limited et al

Filing 14

ORDER Approving Agreement for entry of Judgment Signed by Judge Paul J. Barbadoro. (mxm)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE ----------------------------------IN RE TYCO INTERNATIONAL LTD., SECURITIES, DERIVATIVE AND "ERISA" LITIGATION ----------------------------------STATE TREASURER OF THE STATE OF MICHIGAN, AS CUSTODIAN OF THE MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM, STATE EMPLOYEES' RETIREMENT SYSTEM, MICHIGAN STATE POLICE RETIREMENT SYSTEM AND MICHIGAN JUDGES RETIREMENT SYSTEM, x : : : : x : : : : : : : : : : Plaintiff, : : v. : : TYCO INTERNATIONAL LTD., et al. : : : Defendants. : ----------------------------------- X

MDL Docket No. 02-1335-B This Document Relates To: Docket No. 08-CV-1340-PB

AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL AGAINST DEFENDANT FRANK E. WALSH, JR. AND BAR ORDER Plaintiff the State Treasurer of the State of Michigan, as Custodian of the Michigan Public School Employees Retirement System, State Employees' Retirement System, Michigan State Police Retirement System and Michigan Judges Retirement System ("Plaintiff") and Defendant Frank E. Walsh, Jr. ("Walsh") (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:

846825.1

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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 and Mark H. Swartz (collectively, the "Non-Settling Defendants"), and Tyco International Ltd., Covidien Ltd., and Tyco Electronics Ltd. (the "Previously-Settled Defendants," together with the Non-Settling Defendants the "Non-Released Parties"), 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 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 Plaintiff against Walsh, all claims asserted by Plaintiff 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 claims against the Non-Settling Defendants. 3. The Clerk is directed to enter this Agreed Order and Final Judgment of Dismissal

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.

01 11 Enter: ___/___/2010 /s _ Paul Barbadoro ____/___________________________ The Hon. Paul Barbadoro United States District Judge
We ask for this: /s/ Michele L. Pahmer, Esq. Laurence Greenwald, Esq. Michele L. Pahmer, Esq. STROOCK STROOCK & LAVAN LLP 180 Maiden Lane New York, NY 10038 Counsel for Defendant Frank E. Walsh, Jr.

/s/ Frederic S. Fox, Esq. Frederic S. Fox Robert N. Kaplan Hae Sung Nam Kaplan Fox & Kilsheimer LLP 850 Third Avenue, 14th Floor New York, NY 10022 Counsel for Plaintiff

cc:

Counsel of Record

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