Opinion
Civil Action No. 11-cv-01964-RBJ-KLM
04-10-2012
STEPHEN T. HATCH, derivatively, on behalf of ZYNEX, INC. f/k/a ZYNEX MEDICAL HOLDINGS, INC., Plaintiff, v. THOMAS SANDGAARD, FRITZ G. ALLISON, TAYLOR SIMONTON, and MARY BETH VITALE, Defendants. and ZYNEX, INC., f/k/a ZYNEX MEDICAL HOLDINGS, INC., a Nevada corporation, Nominal Defendant.
ORDER GRANTING JOINT MOTION TO DISMISS INDEPENDENT DIRECTOR
DEFENDANTS TAYLOR SIMONTON AND MARY BETH VITALE
This matter has come before the Court on the Joint Motion to Dismiss Independent Director Defendants Taylor Simonton and Mary Beth Vitale (the "Motion to Dismiss").
The Court, being fully advised, hereby GRANTS the Motion and ORDERS that Independent Director Defendants Taylor Simonton and Mary Beth Vitale be dismissed from the above-captioned action without prejudice subject to Final Court Approval of the Settlement as described in the Motion to Dismiss (the "Dismissal").
The Court further ORDERS that this Dismissal will become a dismissal with prejudice upon Final Approval of the Settlement.
BY THE COURT:
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U.S. District Judge