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Contract analysis / stipulation-withdrawing-sj-motion.docx
stipulation-withdrawing-sj-motion.docx
1044-00006 · 5 clauses
High · 0 Medium · 1 Standard · 0
1. Withdrawal of Motion. Defendants Thalassa Shipping & Logistics SA and Aegean Fortuna Sh Medium
⚑ Liability cap to check against exposure
1. Withdrawal of Motion. Defendants Thalassa Shipping & Logistics SA and Aegean Fortuna Shipholding Ltd. hereby withdraw their Motion for Partial Summary Judgment, filed September 20, 2024, together with all supporting papers submitted in connection therewith, including but not limited to the Memorandum of Law, the Statement of Undisputed Material Facts, and the Declarations of Carlos Espinoza, Dr. Henrik Sørensen, a
2. Vacatur of Hearing Date. The parties respectfully request that the Court vacate the ora
2. Vacatur of Hearing Date. The parties respectfully request that the Court vacate the oral argument on the Defendants' Motion for Partial Summary Judgment currently scheduled for December 6, 2024, in Part 49 of this Court, located at 60 Centre Street, New York, New York 10007, and remove the matter from the Court's calendar for that date.
3. No Prejudice to Settlement; No Admission. This stipulation is entered into solely in co
3. No Prejudice to Settlement; No Admission. This stipulation is entered into solely in connection with the parties' settlement of all claims, counterclaims, cross-claims, and defenses in this action, and shall not constitute, and shall not be deemed or construed to constitute, an adjudication on the merits of any issue raised in the Defendants' Motion for Partial Summary Judgment or in Plaintiff's opposition thereto
4. Additional Filings. The parties will submit to the Court, under separate cover, a Stipu
4. Additional Filings. The parties will submit to the Court, under separate cover, a Stipulation and Order of discontinuance with Prejudice and a Stipulation and Order Retaining Jurisdiction to Enforce Settlement pursuant to CPLR § 5003-a and in accordance with the terms of the Settlement Agreement and Mutual General Release dated November 20, 2024.
5. Request for So-Ordering. The parties respectfully request that the Court so-order this
5. Request for So-Ordering. The parties respectfully request that the Court so-order this stipulation. CALDERWOOD & HARKNESS LLP By: ________ Douglas Carmichael, Partner One Liberty Plaza, 50th Floor New York, New York 10006 Tel: (212) 555-4800 Attorneys for Defendants Thalassa Shipping & Logistics SA and Aegean Fortuna Shipholding Ltd. Dated: November 25, 2024 HARGROVE, DELACROIX & STERN LLP By: ________ Margaret De