Opinion
No. 03 Civ. 7394 (LAK).
July 27, 2005
SIMPSON THACHER BARTLETT LLP, John J. Kerr, Jr., Robert H. Smit, New York, NY, Attorneys for Plaintiffs Capital India Power Mauritius I and Energy Enterprises (Mauritius) Company.
STIPULATION AND ORDER VACATING ORDER OF CONTEMPT AND DISMISSING ANY CLAIM FOR RELIEF UNDER ORDER OF CONTEPMT WITH PREJUDICE
IT IS HEREBY STIPULATED AND AGREED by the attorneys for Plaintiff Energy Enterprises (Mauritius) Company ("EEMC") that the Order Of Civil Contempt Against Defendant Maharashtra Power Development Corporation Limited ("MPDCL") dated November 21, 2003, and filed November 24, 2003 ("Order of Contempt") be and hereby is vacated and dissolved; and
Plaintiff Energy Enterprises (Mauritius) Company has also been defined in this action as "EEC," which is the definition used in the Order Of Civil Contempt Against Defendant Maharashtra Power Development Corporation Limited dated November 21, 2003.
IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1) by the attorneys for Plaintiff EEMC, the only party appearing in the action, that any claim accruing in favor of Plaintiff EEMC in respect of the fines, fees, and/or costs to be paid by Defendant MPDCL to Plaintiff EEMC pursuant to the Order of Contempt, be and the same hereby is dismissed with prejudice pursuant to a Settlement Agreement entered into between Plaintiff EEMC and Defendant MPDCL, among other entities, on July 12, 2005.
Plaintiff Capital India Power Mauritius I ("CIPM I") joined EEMC in the initial petition to compel arbitration and motion for injunctive relief filed on September 22, 2003, but has not participated in any aspect of the action from September 24, 2003 onwards.
SO ORDERED.