Public Employees' Retirement Association of Colorado v. TYCO International, Ltd. et al

Filing 15

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

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION OF COLORADO ,
Plaintiff,
V.

TYCO INTERNATIONAL LTD ., TYCO ELECTRONICS LTD ., COV IDIEN LTD ., DENNIS KOZLOWSKI, MARK H . SWARTZ, FRANK E . WALSH, JR., and PRICEWATERHOUSECOOPERS, LLP , Defendants .

MDL No . 1335 08-CV-01341-PB AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL OF TYCO INTERNATIONAL LTD ., TYCO ELECTRONICS LTD . AND COVIDIEN LTD. AND BAR ORDER

AGREED ORDER AND F IN AL JUDGMENT OF DISMISSAL AGAINST DEFENDANTS TYCO INTERNATIONAL LTD . . TYCO ELECTRONICS LTD.. AND COVIDIEN LTD . AND BAR ORDER Public Employees' Retirement Association of Colorado ("Plaintiff') and Defendants Tyco International Ltd ., Tyco Electronics Ltd. and Covidien Ltd . (each of them a "Settling Party" and collectively, the "Settling Parties"), having represented to the Cou rt that they have entered into a se ttlement 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-4(f)(7)(A) ofthe P ri vate Securities Litigation Reform Act of 1995, 15 U .S .C . § 78u-4(f)(7)(A) : ( a) defendants L. Dennis Kozlowski, Mark H. Swartz, Frank E. Walsh, Jr . and Pri cewaterhouseCoopers LLP (collectively, the "Non-Se tt lin g Defendants"), and each of them, are hereby permanently barred, enjoined, and restrained from commencing, prosecuting, or asse rting any claim for or otherwise seeking contribution against any Settling Party based upon, relating to, or a rising out of the subject matter, allegations, transactions, facts, matters, occurrences, representations or omissions alleged, involved, set fo rt h or referred to in the Complaint in this suit ; and (b) except as provided in paragraph 6(c) of the accompanying Se ttlement Agreement and Release, each Se ttling 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 fo rt h 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 the Settling Parties, all claims asserted by Plaintiff against the Settling Parties in the Complaint are DIS MI SSED 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 . and Covidien Ltd . and Bar Order as a final judgment and send a copy of same to all counsel of record . IT IS SO ORDERED .
Enter : 05 /02 /200 9

/s/ Paul Barbador o

The Hon . Paul Barbadoro United States District Judg e

We ask for this :

/s/ Edward A. Haffer Edward A . Haffer, Esq. N .H. Bar #105 2 SHEEHAN PHINNEY BASS & GREEN, P .A. 1000 Elm Street, 11th floor Manchester, NH 0310 1 Elizabeth F . Edwards, Esq . MCGUIREWOODS LLP One James Center

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901 East Cary Street Richmond, VA 2321 9 Counselfor Tyco International Ltd, Tyco Electronics Ltd . and Covidien, Ltd.

/s/ Andrew J. Entwistle Andrew J . Entwistle, Esq . ENTWISTLE & CAPPUCCI LLP 30 Columbia Turnpike Florham Park, NJ 0793 2 Counselfor Public Employees' Retrremenl Association of Colorado

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 .

Ls/ Edward A . Haffer Edward A. Haffer

cc : Counsel of Record

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