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Cleary v. Retirement Plan for Employees of Northern Montana Hospital, 4:16-cv-00061-BMM-JCL. (2018)

Court: District Court, D. Montana Number: infdco20181024c73 Visitors: 15
Filed: Oct. 17, 2018
Latest Update: Oct. 17, 2018
Summary: STIPULATION AND ORDER AMENDING SETTLEMENT STIPULATION AND ORDER BRIAN MORRIS , District Judge . WHEREAS, in July 2018 the Parties 1 entered into a Stipulation settling the Action , and WHEREAS, on July 30, 2018, the Court preliminarily approved the Stipulation (ECF No. 147), and WHEREAS, after the mailing of Notice , the Parties learned that two persons (the Additional Persons") were inadvertently omitted from the list of Covered Participants , and WHEREAS, the Parties ha
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STIPULATION AND ORDER AMENDING SETTLEMENT STIPULATION AND ORDER

WHEREAS, in July 2018 the Parties1 entered into a Stipulation settling the Action, and

WHEREAS, on July 30, 2018, the Court preliminarily approved the Stipulation (ECF No. 147), and

WHEREAS, after the mailing of Notice, the Parties learned that two persons (the Additional Persons") were inadvertently omitted from the list of Covered Participants, and

WHEREAS, the Parties have agreed to add the Additional Persons to the list of Covered Participants,

NOW, THEREFORE, in consideration of the premises and the mutual covenants set forth below, it is hereby

STIPULATED AND AGREED, by and among the Parties to the Action, pursuant to Paragraph 12.4 of the Stipulation, as follows:

1. Exhibit 1 to the Stipulation is hereby amended in the form attached hereto as Amended Exhibit 1 ("Amended Exhibit 1") by inserting the information identifying the Additional Persons as numbers 210 and 211 therein.

2. The Parties' shall file a Joint Motion seeking Court approval of this Stipulation (the "Approval Motion").

3. Contemporaneously with the filing of the Approval Motion, the Parties shall file a Joint Motion for Leave to File Amended Exhibit 1 under Seal.2

4. This Stipulation may be executed by exchange of faxed or emailed executed signature pages, and any signature transmitted by facsimile or email for the purpose of executing this Stipulation shall be deemed an original signature for purposes of this Stipulation. This Stipulation may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same instrument.

5. This Stipulation binds and inures to the benefit of the Parties hereto, their assigns, heirs, administrators, executors and successors-in-interest.

6. Each individual executing this Stipulation on behalf of any other Person does hereby personally represent and warrant to the other Parties that he or she has the authority to execute this Stipulation on behalf of, and fully bind, each Person which such individual represents or purports to represent.

IN WITNESS WHEREOF, the Parties have executed this Stipulation on the dates set forth below.

SO ORDERED.

FootNotes


1. All capitalized, italicized terms herein shall, unless otherwise stated, have the meanings ascribed to them in the Stipulation (ECF No. 147).
2. The Parties' Joint Motion for Leave to File Exhibit 1 to the Stipulation under Seal (ECF No. 142) is sub judice.
Source:  Leagle

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