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Stipulation to Settlement Agreement

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Stipulation to Settlement Agreement Powered By Docstoc
					This is an agreement between two parties that are currently involved in a lawsuit for the
settlement of all claims. This agreement sets forth the terms between two parties for the
payment of monetary compensation to one party in exchange for the dismissal of the
lawsuit against the other party. In addition, this agreement includes a stipulation that
can be prepared by the parties' attorneys and submitted to the court. This agreement
should be used by individuals or entities that are currently involved in a lawsuit and want
to settle their claims outside the courtroom.
          STIPULATION AND SETTLEMENT AGREEMENT
        This Stipulation and Settlement Agreement (this “Agreement”) is entered into this _____
day of _________, ____ (the “Effective Date”) by and between _____________ (“Party A”) and
_________________ (“Party B”). These entities/individuals are herein collectively referred to as
“Parties” and individually as “Party.”

                                          ARTICLE 1

1.00   RECITALS

1.01 Whereas, on the ____ day of ___________, ______, Party A filed a complaint for
______________________ in the ____________ Court in the District of ___________ entitled
________________________, Civil Case No. _______________ (the “Action”);

1.02 Whereas, on the ____ day of ________, ___, Party B filed an Answer [and
Counterclaim—delete if not applicable] in the Action; and

1.03 Whereas, the Parties hereto have determined that it is in their best interest to reach a
settlement agreement for any and all claims they have or may have with respect to the Action
and settle the Action on the terms and conditions set forth below.

      NOW THEREFORE, in consideration of the above recitals and mutual promises and
covenants herein contained, the Parties hereto agree as follows:

                                          ARTICLE 2

2.00   DISMISSAL WITH PREJUDICE AND RELEASE

2.01 Upon execution of this Agreement by the Parties, the Parties hereto agree that they shall
execute the Stipulation and Proposed Court Order in the form attached hereto as Exhibit “A,”
pursuant to which the Parties agree to dismiss the Action with prejudice, including all claims
[and counterclaims—delete if not applicable]. Immediately following execution of this
Agreement, the Parties hereto shall file with the above-referenced Court (the “Court”) the fully
executed version of Exhibit “A” attached hereto. Each of the Parties hereby intend and agree
that the Court of relevant jurisdiction shall retain jurisdiction for the purpose of resolving any
controversy or claim arising out of or relating to the terms, provisions, and conditions of this
Agreement.

2.02 If any Party fails to perform its/his/her obligations hereunder, or any other claim or
dispute that arises from or relates to this Agreement, then the fully executed version of Exhibit
“A” hereto shall be filed under seal, together with the Proposed Sealing Order attached hereto as
Exhibit “B,” for use as appropriate in connection with the Court’s express reservation of
jurisdiction.
2.03 Each of the Parties further hereby agrees to waive any objection they have or may have
now or in the future to the filings of any proceedings in a Court of relevant jurisdiction for the
purpose referenced in this Article 2.

2.04 Any and all attorney fees, expenses, and costs associated with the Action shall be the sole
responsibility of each of the Parties hereto.

2.05 Except for limitations expressly stated in this Agreement, and in consideration of the
mutual promises and covenants contained herein, including the payment and other consideration
described in Article 3.00, below, Party A and Party B, on behalf of their respective officers,
directors, agents, employees, representatives, assigns, heirs, and attorneys, hereby forever release
and absolutely discharge each other and each of their respective officers, directors, employees,
stockholders, agents, representatives, servants, independent contractors, insurers, successors, and
assigns of the interests of such persons or entities in the intellectual property involved in the
Agreement and each Party’s attorneys, and the partners, associates, employees, agents, insurers,
assigns, investigators and investigative agencies of or for their attorneys, from any and all causes
of action, actions, judgments, liens, indebtedness, damages, losses, claims, liabilities, and
demands of every kind and nature, including, without limitation, claims for infringement of any
patents belonging to either Party, if applicable, at any time, arising from the Action, or that was
or could have been raised in the Action, or arising from any conduct by the Parties or their
agents, attorn
				
DOCUMENT INFO
Description: This is an agreement between two parties that are currently involved in a lawsuit for the settlement of all claims. This agreement sets forth the terms between two parties for the payment of monetary compensation to one party in exchange for the dismissal of the lawsuit against the other party. In addition, this agreement includes a stipulation that can be prepared by the parties' attorneys and submitted to the court. This agreement should be used by individuals or entities that are currently involved in a lawsuit and want to settle their claims outside the courtroom.
This document is also part of a package Small Claim Starter Kit 9 Documents Included