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Contract analysis / draft-stipulation-dismissal-circulated.docx
draft-stipulation-dismissal-circulated.docx
1021-00003 · 6 clauses
High · 1 Medium · 3 Standard · 0
1. STIPULATION OF DISMISSAL WITH PREJUDICE Medium
⚑ Liability cap to check against exposure
1. STIPULATION OF DISMISSAL WITH PREJUDICE 1.1. The Parties hereby stipulate and agree that all claims, counterclaims, crossclaims, third-party claims, and demands of every kind and nature that have been asserted, or that could have been asserted, by any Party against any other Party in the above-captioned action, Case No. 2022-CA-031547, are hereby dismissed with prejudice. 1.2. Without limiting the generality of th
2. DISPOSITION OF PENDING MOTIONS Medium
⚑ Liability cap to check against exposure
2. DISPOSITION OF PENDING MOTIONS 2.1. All motions, applications, and requests for relief currently pending before the Court in this action are hereby deemed withdrawn and moot as a result of the Parties' settlement and this Stipulation, and the Parties respectfully request that the Court deny such motions as moot or otherwise remove them from the Court's docket. The pending motions include, but are not limited to, t
3. COSTS AND ATTORNEYS' FEES Medium
⚑ Liability cap to check against exposure
3. COSTS AND ATTORNEYS' FEES 3.1. Except as otherwise expressly provided in the Settlement Agreement, each Party shall bear its own costs, expenses, and attorneys' fees incurred in connection with this action, including but not limited to filing fees, service costs, discovery expenses, expert fees, mediation costs, and any other costs of litigation. No Party shall seek to recover any such costs, expenses, or attorney
4. RETENTION OF JURISDICTION High
⚑ Non-compete / exclusivity restraint
4. RETENTION OF JURISDICTION 4.1. Notwithstanding the dismissal of this action with prejudice, the Court shall retain jurisdiction over the Parties and this matter solely and exclusively for the limited purpose of enforcing the terms and conditions of the Settlement Agreement, in the event that any dispute arises between or among the Parties regarding the interpretation, performance, or enforcement of the Settlement
5. AUTHORITY
5. AUTHORITY 5.1. Counsel for each Party hereby represents and warrants to the Court and to all other Parties that they have been duly authorized by their respective clients to execute this Joint Stipulation of Dismissal with Prejudice on behalf of their respective clients, and that the execution and delivery of this Stipulation has been approved by each Party with full knowledge of its terms and legal consequences.
6. PROPOSED ORDER
6. PROPOSED ORDER 6.1. The Parties respectfully request that the Court enter the Proposed Order of Dismissal with Prejudice submitted contemporaneously herewith as a separate document, which provides for the dismissal of this action with prejudice in accordance with the terms of this Stipulation, the disposition of all pending motions as moot, and the retention of jurisdiction as set forth in Section 4 above. 6.2. A