Equitec-Schwartz, LLC v. Tyco International, Ltd. et al

Filing 23

AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL AGAINST DEFENDANTS TYCO INTERNATIONAL, TYCO ELECTRONICS, COVIDIEN LTD AND COVIDIEN US Signed by Judge Paul J. Barbadoro. (mxm)

DISTRICT OF NEW HAMPSHIRE EQUITEC-SCHWARTZ, LLC MDLNo.: 02-1335 09-CV-01336-PB Plaintiff, 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 DEFENDANTS TYCO INTERNATIONAL LTD.. TYCO ELECTRONICS LTD., COVIDIEN LTD. AND COVIDIEN (U.S.) AND BAR ORDER Plaintiff Equitec-Schwartz, LLC ("Plaintiff") 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: 1. Pursuant to Section 2 lD-4(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 H. 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,
rpnrpspntatinns nr omissions alleced involved set forth or referred to in the Comolaint in this

suit, and (b) except as provided in paragraph 6(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 this suit 2 Because there is no just reason for 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 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 October 27, 2009

/ s / Paul Barbadoro

The Hon Paul Barbadoro United States District Judge