Sciallo v. Tyco International, Ltd., No. 1:2003cv01354 - Document 2 (D.N.H. 2008)
Court Description: Agreed ORDER and final judgment of Dismissal against Tyco, and Mark Belnick Signed by Judge Paul J. Barbadoro. (mxm)
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Sciallo v. Tyco International, Ltd. Doc. UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE JEFFREY B. SCIALLO, et ai., Plaintiffs, Civ. No. 03-1354-B v. TYCO INTERNATIONAL LTD., et a!., Defendants. MOL No. 02-1335 AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL AGAINST DEFENDANTSTYCO INTERNATIONAL LTD. AND MARK A. BELNICK AND BAR ORDER AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL AGAINST DEFENDANTS TYeO INTERNATIONAL LTD. AND MARK A. BELNICK AND BAR ORDER Plaintiffs Jeffrey B. Sciallo, Joseph Scherpf and H. Pamela Komenda, and Defendants Tyco International Ltd. and Mark A. Belnick (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 Amended Complaint, and for good cause shown, the Court ORDERS: 1. Pursuant to Section 21D-4(f)(7)(A) of the Private Securities Litigation Reform Act of 1995, 15 U.S.c. ยง 78u-4(f)(7)(A): (a) Defendants L. Dennis Kozlowski and Mark H. Swartz (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, representations or omissions alleged, involved, set forth or referred to in the Amended Complaint in this suit; and Dockets.Justia.com (b) 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 Amended Complaint in the suit. 2. Because there is no just reason for delaying the entry of a final judgment with respect to the claims asserted by Plaintiffs against the Settling Parties, all claims asserted by Plaintiffs against the Settling Parties in the Amended 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. and Mark A. Belnick and Bar Order as a final judgment and send a copy of same to all counsel of record. IT IS SO ORDERED. Enter: December 29, 2008 /s/ Paul J. Barbadoro The Hon. Paul Barbadoro United States District Judge 2 We ask for this: /s/ Edward A. Haffer Edward A. Haffer, N.H. Bar #1052 SHEEHAN PHINNEY BASS & GREEN, P.A. 1000 Elm Street, 11 th floor Manchester, NH 03101 Elizabeth F. Edwards, Esq. MCGUIREWOODS LLP One James Center 901 East Cary Street Richmond, VA 23219 Counsel for Tyco International Ltd /s/ William T. Hassler William T. Hassler, Esq. STEPTOE & JOHNSON LLP 1330 Connecticut Avenue, NW Washington, DC 20036 Counsel for Mark A. Belnick /s/ Timothy J. Dennin Timothy J. Dennin, Esq. TIMOTHY J. DENNIN, P.e. 316 Main Street Northport, NY 11768 John B. Veach, III FALLS & VEACH P.O. Box 5205 Asheville, NC 28813 Counsel for Plaintiffs 3 CERTIFICATE OF SERVICE 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. lsi Edward A. Haffer Edward A. Haffer 4 SERVICE LIST Timothy 1. Dennin, Esq. Timothy J. Dennin, P.e. 316 Main Street Northport, NY 11768 EMAIL DISTRIBUTION: secatty@denninlaw.com Counselfor Plaintiffs John B. Veach, III Falls & Veach P.O. Box 5205 Asheville, NC 28813 Counselfor Plaintiffs William T. Hassler Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 Counsel for Mark A. Belnick EMAIL DISTRIBUTION: emjohnson@steptoe.com whassler@steptoe.com Jyotin R. Hamid, Esquire Debevoise & Plimpton 919 Third Avenue New York, NY 10022-3904 Counselfor Defendant L. Dennis Kozlowski EMAIL DISTRIBUTION: jhamidla),debevoise.com Michael J. Grudberg, Esquire Stillman & Friedman & Shechtman 425 Park Avenue New York, NY 10022 Counsel for Defendant Mark Swartz EMAIL DISTRIBUTION: mgrudberg@stillmanfriedman.com 5
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