Legal Dismissal Request

Legal Dismissal Request

This Legal Dismissal Request is submitted by Plaintiff: and Defendant: in the action styled: , pending in the under Case No.: (Filed on: ).

RECITALS

WHEREAS, Plaintiff asserts certain claims for relief against Defendant arising from the facts alleged in the Complaint and related pleadings filed in the above-captioned action;

WHEREAS, the parties have agreed to resolve their differences by mutual agreement and, subject to the terms set forth below, desire to have the pending action dismissed as set forth herein;

WHEREAS, the parties represent that they possess full authority to enter into the terms of dismissal and any related releases described in this request;

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby request entry of an order dismissing the claims identified below on the terms and conditions set forth in this Legal Dismissal Request.

1. REQUEST FOR DISMISSAL

The parties jointly request that the Court dismiss the above-captioned action as follows (check applicable boxes and provide information where requested):

Dismissal with prejudice (final adjudication on the merits).
Dismissal without prejudice (claims may be refiled as permitted by law).
Dismissal only of specified claims or parties (describe below).

2. MUTUAL RELEASE AND RESERVATIONS

Except as expressly provided herein, each party hereby releases and forever discharges the other party and its agents, officers, directors, employees, attorneys, successors and assigns from any and all claims, demands, causes of action, liabilities, costs and expenses arising out of or related to the matters asserted in the Action through the date of this Request. This release does not apply to obligations expressly reserved in this Request.

3. COSTS AND ATTORNEYS' FEES

Unless otherwise agreed in writing below, the parties request that each party bear its own costs, expenses and attorneys' fees in connection with the Action and this dismissal.

Each party shall bear its own costs and attorneys' fees.
Prevailing party to recover reasonable attorneys' fees and costs (specify amount or method of calculation below).

4. COVENANT NOT TO REFILE

If dismissal is with prejudice, the parties covenant that neither will initiate or maintain any action arising from the facts or claims released herein. If dismissal is without prejudice, the parties acknowledge that the statute of limitations and other defenses are preserved as provided by law.

5. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that: (a) it has full authority to enter into this Request and to bind the entity or individual it represents; (b) it has not assigned or transferred any interest in the claims being dismissed; and (c) the execution of this Request has been duly authorized by all necessary action.

6. EFFECT ON PROCEEDINGS

The parties jointly request that the Court enter an order dismissing the Action as specified in Section 1, with the Court retaining whatever limited jurisdiction it deems necessary to enforce the terms of any settlement agreement expressly incorporated into this Request.

7. NOTICES

All notices or other communications required or permitted under this Request shall be in writing and delivered to the addresses set forth below or to such other address as a party designates in writing.

8. GOVERNING LAW; MISCELLANEOUS

Governing Law: This Request shall be governed by and construed in accordance with the laws of the jurisdiction in which the Court sits, without regard to its conflict of law rules.

Entire Agreement: This Request contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior oral or written agreement on that subject.

Severability: If any provision of this Request is held unenforceable, the remaining provisions will remain in full force and effect.

Amendments and Waiver: This Request may be amended only by a written instrument signed by both parties. No waiver of any provision will be effective unless in writing and signed by the waiving party.

Counterparts: This Request may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures provided by electronic or facsimile transmission shall have the same effect as original signatures for all purposes.

9. CERTIFICATION

Each signatory certifies under penalty of perjury that he or she is authorized to execute this Request on behalf of the named party and that the factual statements contained herein are true and correct to the best of the signatory's knowledge.

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