Equitec-Schwartz, LLC v. Tyco International, Ltd. et al, No. 1:2009cv01336 - Document 26 (D.N.H. 2010)
Court Description: AGREED ORDER AND FINAL JUDGMENT OF DISMISSALAGAINST DEFENDANT, L. DENNIS KOZLOWSKI AND BAR Signed by Judge Paul J. Barbadoro. (mm)
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Equitec-Schwartz, LLC v. Tyco International, Ltd. et al Doc. 26 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE IN RE TYCO INTERNATIONAL, LTD. SECURITIES, DERIVATIVE AND "ERISA" LITIGATION ) ) ) MDL Docket No. 02-1335-B (PJB) --------------) This Document Relates To: ) --------------~) EQUITEC-SCHWARTZ, LLC Plaintiff, -v- TYCO INTERNATIONAL LTD., et al., Defundants ) ) ) ) ) ) ) ) ) AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL AGAINST DEFENDANT, L. DENNIS KOZLOWSKI AND BAR ORDER Plaintiff and Defendant L. Dennis Kozlowski 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 21D-4(f)(7)(A) of the Private Securities Litigation Reform Act of 1995, 15 U.S.C. ยง 78u-4(f)(7)(A): CD Defendants Mark H. Swartz and Frank E. Walsh, Jr. are hereby permanently barred, enjoined and restrained from commencing, prosecuting or asserting any claim or otherwise seeking contribution against Kozlowski 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; and (fJ.) Kozlowski is hereby permanently barred, enjoined and restrained from commencing, prosecuting or asserting any claim or otherwise seeking contribution for any amount paid in connection Dockets.Justia.com 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 Kozlowski, all claims asserted by Plaintiff against Kozlowski are DISMISSED WITH PREJUDICE pursuant to Fed. R. Civ. P. 54(b). This action is not dismissed with respect to any claims against Swartz or Walsh. 3. The Clerk is directed to enter this Agreed Order and Final Judgment of Dismissal Against Defendant L. Dennis Kolzowski and Bar Order as a final judgment and send a copy of same to all counsel of record. 20 SO ORDERED, this_dayof May 2010 /s/ Paul Barbadoro Paul J. Barbadoro United States District Judge cc: Counsel of Record 2
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