Filed: May 19, 2015
Latest Update: May 19, 2015
Summary: ORDER ON VOLUNTARY DISMISSAL OF ENTIRE ACTION PERCY ANDERSON , District Judge . This Joint Stipulation to Dismiss the Entire Action is submitted by Plaintiff Christopher Litty and Defendants Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc., and Bank of America Corporation (Plaintiff and Defendants are collectively referred to herein as the "Parties"). WHEREAS, the Parties have reached a complete resolution of Plaintiff's individual claims for relief, memorialized in a
Summary: ORDER ON VOLUNTARY DISMISSAL OF ENTIRE ACTION PERCY ANDERSON , District Judge . This Joint Stipulation to Dismiss the Entire Action is submitted by Plaintiff Christopher Litty and Defendants Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc., and Bank of America Corporation (Plaintiff and Defendants are collectively referred to herein as the "Parties"). WHEREAS, the Parties have reached a complete resolution of Plaintiff's individual claims for relief, memorialized in a c..
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ORDER ON VOLUNTARY DISMISSAL OF ENTIRE ACTION
PERCY ANDERSON, District Judge.
This Joint Stipulation to Dismiss the Entire Action is submitted by Plaintiff Christopher Litty and Defendants Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc., and Bank of America Corporation (Plaintiff and Defendants are collectively referred to herein as the "Parties").
WHEREAS, the Parties have reached a complete resolution of Plaintiff's individual claims for relief, memorialized in a confidential settlement agreement and release;
Based upon the foregoing, IT IS HEREBY STIPULATED by and between the Parties to this action through their undersigned counsel of record that the above-captioned action hereby is dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) as follows:
1. Plaintiff's First, Second, and Fifth Claims for Relief against the Defendants in the operative Second Amended Complaint ("SAC") are dismissed with prejudice. Each party shall bear its own costs and attorneys' fees, except as otherwise may be allocated in the parties' settlement agreement.
2. Plaintiff's Fourth and Sixth Claims for Relief against the Defendants in the SAC are dismissed with prejudice, but only to the extent they are derivative of the First, Second, and Fifth Claims for Relief. Each party shall bear its own costs and attorneys' fees, except as otherwise may be allocated in the parties' settlement agreement.
3. Plaintiff's Third Claim for Relief, and Fourth and Sixth Claims for Relief to the extent they are derivative of the Third Claim for Relief, are dismissed without prejudice. Each party shall bear its own costs and attorneys' fees, except as otherwise may be allocated in the parties' settlement agreement.
IT IS SO ORDERED.
DECLARATION REGARDING CONCURRENCE
I, Betsy C. Manifold, am the CM/ECF User whose identification and password are being used to file this VOLUNTARY DISMISSAL OF ENTIRE ACTION. In compliance with L.R. 5-4.3.4(2)(i), I hereby attest that Michael D. Mandel has concurred in this filing's content and has authorized its filing.
