Legal Separate Stipulation

LEGAL SEPARATE STIPULATION

This Separate Stipulation (the Stipulation) is entered into as of Effective Date: by and between Plaintiff/Claimant: and Defendant/Respondent: (collectively, the Parties) in the matter pending in Court: , Case No. , Judge: .

Recitals

WHEREAS, the Parties have disputed claims and defenses arising in the Action identified above, and certain claims or parties are appropriate for severance, separate trial, or separate disposition to promote judicial economy and avoid prejudice; and

WHEREAS, the Parties have conferred and agree that the claims and/or parties described in this Stipulation should be separated from the remaining matters in the Action, subject to the terms and conditions set forth below; and

WHEREAS, the Parties desire to reduce their agreement to writing and to present a proposed order to the Court reflecting the relief sought herein.

Now, Therefore

In consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties stipulate and agree as follows:

1. Definitions

1.1 "Separated Claims" means those claims, causes of action, counterclaims, cross-claims, or third-party claims specifically identified in Section 2 below that the Parties agree shall be severed from the Action for purposes of trial, adjudication or dismissal.

1.2 "Severed Parties" means any party or parties who are subject to severance under this Stipulation.

2. Identification of Claims or Parties to Be Separated

The Parties agree that the following claims, parties, or issues shall be Separated Claims (describe with specificity):

3. Agreement to Sever

3.1 The Parties shall, within of the Effective Date, submit to the Court a stipulated proposed order effectuating the severance described herein. The proposed order shall identify the Separated Claims and set forth how the severed matter will be captioned and docketed.

3.2 Following entry of the Court's order, the Separated Claims shall proceed or be held in abeyance as set forth in that order; nothing in this Stipulation shall be deemed an admission of liability or fault by any Party.

4. Disposition Options

The Parties agree that, with respect to the Separated Claims, the appropriate disposition is:

Dismissal with prejudice as to the Separated Claims.

Dismissal without prejudice as to the Separated Claims.

Separate trial and judgment with trial date to be set by the Court or the Parties' stipulation. If separate trial selected, proposed trial date:

5. Effect on Pleadings, Discovery and Motion Practice

5.1 Pleadings. The Parties shall confer regarding any required amendments to pleadings to reflect the severance. Any such amendments shall be limited to information necessary to identify the Separated Claims.

5.2 Discovery. Discovery concerning Separated Claims may continue independently of the remaining Action as ordered by the Court. Unless otherwise agreed, each Party shall bear its own costs of discovery incurred solely as a result of the severance.

6. Costs, Fees, and Expenses

Unless otherwise ordered by the Court, each Party shall bear its own costs, attorneys' fees, and expenses incurred in connection with the Separated Claims and the negotiation and implementation of this Stipulation.

7. Reservation of Rights

Except as expressly set forth herein, the Parties reserve all rights, claims, defenses, and arguments relating to the Separated Claims and the remaining claims in the Action, including but not limited to jurisdictional and statute of limitations defenses.

8. Notices

Plaintiff/Claimant Notice

Defendant/Respondent Notice

All notices required or permitted under this Stipulation shall be in writing and delivered to the addresses set forth above or to such other address as a Party designates in writing in accordance with this Section. Notice shall be effective upon personal delivery, confirmed facsimile transmission, email with confirmed receipt, or three days after deposit in the United States mail, postage prepaid.

9. Governing Law

This Stipulation shall be governed by and construed in accordance with the laws of the jurisdiction in which the Court presiding over the Action is located, without regard to principles of conflicts of law.

10. Miscellaneous Provisions

10.1 Entire Agreement. This Stipulation constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether written or oral.

10.2 Amendments. This Stipulation may be modified or amended only by a writing executed by the Parties and approved by the Court where approval is required.

10.3 Severability. If any provision of this Stipulation is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed to give effect to the Parties' intent.

10.4 Waiver. No waiver by any Party of any breach or default under this Stipulation shall be deemed a waiver of any subsequent breach or default.

10.5 Counterparts. This Stipulation may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or electronic image shall be binding and treated as originals for all purposes.

Execution

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

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