Saturday, January 29, 2022 12:03:24 PM
STIPULATED ORDER OF DISMISSAL OF NSF AND ADMINISTRATIVE CLOSURE WITHOUT PREJUDICE AND WITHOUT COSTS
Pursuant to this Court’s Order entered on January 18, 2022 [Dkt. 43] granting the Joint Stipulation by the parties [Dkt. 42] and associated agreement of the parties for dismissal of NSF International, and based on further stipulation of the parties to administratively close the entire of this matter;
IT IS HEREBY ORDERED that Defendant NSF International identified in the complaint as “NSF International, Inc.” is dismissed without prejudice and without costs to either party.
IT IS FURTHER ORDERED that the remainder of the case as to claims against Defendant Amarex Clinical Research, LLC (“Amarex”) is administratively closed and the parties will resolve all claims (including Plaintiff’s request for attorneys’ fees and costs) in the pending arbitration.
IT IS FURTHER ORDERED that this Court’s Preliminary Injunction Order. The “Preliminary Injunction Order” remains in place, including the requirement that CytoDyn post the bond as set forth therein and file the bond with the Court which the Clerk of the Court shall accept for filing after this order and the requirements, both conditioned on posting of the bond, that Amarex provide CytoDyn with the trial master files and cooperate with an independent audit.
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