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ATVI » Topics » Counsel for Bryan Cave

These excerpts taken from the ATVI 10-K filed May 30, 2008.

Counsel for Bryan Cave

 

Moses Silverman

PAUL, WEISS, RIFKIND,
          WHARTON & GARRISON LLP

1285 Avenue of the Americas
New York, NY  10019-6064
Telephone:  212/373-3000
212/757-3990 (fax)

 

The written objections and copies of any papers and briefs in support thereof to be filed in Court shall be delivered by hand or sent by first class mail to:

 

Clerk of the Court
UNITED STATES DISTRICT COURT
Central District of California, Western Division
312 North Spring Street
Room G-8
Los Angeles, California  90012

 

Any current Activision stockholder who does not make his, her or its objection in the manner provided herein shall be deemed to have waived such objection and shall forever be foreclosed from making any objection to the fairness, reasonableness or adequacy of the Settlement as incorporated in the Stipulation and to the award of attorneys’ fees and expenses to Plaintiffs’ Counsel, unless otherwise ordered by the Court, but shall otherwise be bound by the Judgment to be entered and the releases to be given.

13.     Neither the Stipulation nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of the Stipulation or the Settlement: (a) is or may be deemed to be or may be offered, attempted to be offered or used in any way by the Settling Parties as a presumption, a concession or an admission of, or evidence of, any fault, wrongdoing or liability of the Settling Parties or of the validity of any Released Claims; or (b) is intended by the Settling Parties to be offered or received as evidence or used by any other person in any other actions or proceedings,

 

-6-


 

whether civil, criminal or administrative.  Released Persons may file the Stipulation and/or a Judgment in any action that may be brought against them in order to support a defense or counterclaim based on principles of res judicata, collateral estoppel, full faith and credit, release, good faith settlement, judgment bar or reduction or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim.

14.     The Court reserves the right to adjourn the date of the Settlement Hearing or modify any other dates set forth herein without further notice to the current Activision stockholders, and retains jurisdiction to consider all further applications arising out of or connected with the Settlement.  The Court may approve the Settlement, with such modifications as may be agreed to by the Settling Parties, if appropriate, without further notice to the current Activision stockholders.

 

 

IT IS SO ORDERED.

 

 

DATED:

May 13, 2008

 

 

 

/s/ Mariana R. Pfaelzer

 

THE HONORABLE

 

MARIANA R. PFAELZER

 

UNITED STATES DISTRICT JUDGE

 

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Counsel for Bryan Cave

Moses Silverman

PAUL, WEISS, RIFKIND,

WHARTON & GARRISON LLP

1285 Avenue of the Americas
New York, NY  10019-6064
Telephone:  212/373-3000
212/757-3990 (fax)

The written objections and copies of any papers and briefs in support thereof to be filed in Court shall be delivered by hand or sent by first class mail to:

 

Clerk of the Court
UNITED STATES DISTRICT COURT
Central District of California, Western Division
312 North Spring Street
Room G-8
Los Angeles, California  90012

Any current Activision stockholder who does not make his, her or its objection in the manner provided herein shall be deemed to have waived such objection and shall forever be foreclosed from making any objection to the fairness, reasonableness or adequacy of the Settlement as incorporated in the Stipulation and to the award of attorneys’ fees and expenses to Plaintiffs’ Counsel, unless otherwise ordered by the Court, but shall otherwise be bound by the Judgment to be entered and the releases to be given.

13.     Neither the Stipulation nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of the Stipulation or the Settlement: (a) is or may be deemed to be or may be offered, attempted to be offered or used in any way by the Settling Parties as a presumption, a concession or an admission of, or evidence of, any fault, wrongdoing or liability of the Settling Parties or of the validity of any Released Claims; or (b) is intended by the Settling Parties to be offered or received as evidence or used by any other person in any other actions or proceedings,

 

-6-


whether civil, criminal or administrative.  Released Persons may file the Stipulation and/or a Judgment in any action that may be brought against them in order to support a defense or counterclaim based on principles of res judicata, collateral estoppel, full faith and credit, release, good faith settlement, judgment bar or reduction or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim.

14.     The Court reserves the right to adjourn the date of the Settlement Hearing or modify any other dates set forth herein without further notice to the current Activision stockholders, and retains jurisdiction to consider all further applications arising out of or connected with the Settlement.  The Court may approve the Settlement, with such modifications as may be agreed to by the Settling Parties, if appropriate, without further notice to the current Activision stockholders.

 

IT IS SO ORDERED.

 

DATED:

 

 

 

 

 

 

 

 

THE HONORABLE

 

 

MARIANA R. PFAELZER

 

 

UNITED STATES DISTRICT JUDGE

 

-7-

 

Counsel for Bryan Cave



Moses
Silverman



PAUL,
WEISS, RIFKIND,



WHARTON &
GARRISON LLP



1285
Avenue of the Americas

New York, NY  10019-6064

Telephone:  212/373-3000

212/757-3990 (fax)



The written objections and copies of any papers and briefs in support
thereof to be filed in Court shall be delivered by hand or sent by first class
mail to:



 



Clerk of the Court

UNITED STATES DISTRICT COURT

Central District of California, Western Division

312 North Spring Street

Room G-8

Los Angeles, California  90012



Any current Activision stockholder who does not make his, her or its
objection in the manner provided herein shall be deemed to have waived such
objection and shall forever be foreclosed from making any objection to the
fairness, reasonableness or adequacy of the Settlement as incorporated in the
Stipulation and to the award of attorneys’ fees and expenses to Plaintiffs’
Counsel, unless otherwise ordered by the Court, but shall otherwise be bound by
the Judgment to be entered and the releases to be given.



13.     Neither the Stipulation nor the Settlement,
nor any act performed or document executed pursuant to or in furtherance of the
Stipulation or the Settlement: (a) is or may be deemed to be or may be
offered, attempted to be offered or used in any way by the Settling Parties as
a presumption, a concession or an admission of, or evidence of, any fault,
wrongdoing or liability of the Settling Parties or of the validity of any
Released Claims; or (b) is intended by the Settling Parties to be offered
or received as evidence or used by any other person in any other actions or
proceedings,



 



-6-













whether
civil, criminal or administrative. 
Released Persons may file the Stipulation and/or a Judgment in any
action that may be brought against them in order to support a defense or
counterclaim based on principles of res judicata, collateral estoppel, full
faith and credit, release, good faith settlement, judgment bar or reduction or
any other theory of claim preclusion or issue preclusion or similar defense or
counterclaim.



14.     The Court reserves the right to adjourn the
date of the Settlement Hearing or modify any other dates set forth herein
without further notice to the current Activision stockholders, and retains
jurisdiction to consider all further applications arising out of or connected
with the Settlement.  The Court may
approve the Settlement, with such modifications as may be agreed to by the
Settling Parties, if appropriate, without further notice to the current Activision
stockholders.



 



IT IS
SO ORDERED.



 































DATED:



 

 

 

 

 

 

 

 

THE HONORABLE

 

 

MARIANA R. PFAELZER

 

 

UNITED STATES DISTRICT JUDGE


 



-7-










 



EXCERPTS ON THIS PAGE:

10-K (3 sections)
May 30, 2008

RELATED TOPICS for ATVI:

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