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CUMMINGS v. KONINKLUKE PHILIPS ELECTRONICS

June 9, 2004.

THOMAS CUMMINGS, et al., On Behalf of Themselves and All Others Similarly Situated, Plaintiffs,
v.
KONINKLUKE PHILIPS ELECTRONICS N.V., et al., Defendants.



The opinion of the court was delivered by: SUSAN ILLSTON, District Judge

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

WHEREAS, the parties to the above-captioned litigation were parties to a parallel class action settled in the Superior Court for the State of California, County of Santa Clara, entitled Olmsted v. ADAC Laboratories, et al., Case No. CV793923 (the "State Court Action"); and

  WHEREAS, the Stipulation of Settlement executed by the parties to the State Court Action provides for the dismissal of the above-captioned action; and

  WHEREAS, notice that this action would be dismissed was included in the Notice of Pendency and Proposed Settlement of Class Action provided to the Settlement Class; and

  WHEREAS, Judgment was entered in the State Court Action on May 10, 2004; and

  WHEREAS, the Judgment in the State Court Action requires the parties to seek dismissal of this action, see Judgment attached hereto; and

  WHEREAS, the parties previously informed the Court that the settlement of the State Court Action would include dismissal of this action, and proceedings in this action have been stayed pending final approval of the settlement in the State Court Action; and

  WHEREAS, the parties hereto seek such dismissal pursuant to that Judgment.

  IT IS HEREBY STIPULATED by the parties, through their attorneys of record, that

  1. The above-captioned action is dismissed with prejudice, with each party to bear their own costs, except as set forth in the Stipulation of Settlement executed in the State Court Action and the Judgment entered therein. ORDER

  IT IS SO ORDERED.

 
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA
SIDNEY OLMSTED, et al., On Behalf of ) Case No. CV793923 Themselves and All Others Similarly Situated,)) CLASS ACTION Plaintiffs, )) Assigned To: Judge Jack Komar vs. )) FINAL JUDGMENT AND ADAC LABORATORIES, et al., ) ORDER OF DISMISSAL WITH) PREJUDICE Defendants. ) DATE: April 27, 2004 — -------------------------------------------- TIME: 9:00 a.m. DEPT: 17 DATE ACTION FILED: 11/13/00

  EXHIBIT C

  This matter came before the Court for hearing pursuant to an Order of this Court, dated January 21, 2004, on the application of the Settling Parties for approval of the settlement set forth in the Stipulation of Settlement dated as of January 15, 2004 (the "Stipulation"). Due and adequate notice having been given of the settlement as required in said Order, and the Court having considered all papers filed and proceedings had herein and otherwise being fully informed in the premises and good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

  1. This Judgment incorporates by reference the definitions in the Stipulation, and all terms used herein shall have the same meanings set forth in the Stipulation.

  2. This Court has jurisdiction over the subject matter of the Litigation and over all parties to the Litigation, including ...


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