to reassert each and all of those claims in the event that the Settlement Agreement does not become final and binding in accordance with its terms.
10. Pursuant to the prior decision of this Court to apply the rules set forth in Rufolo v. Midwest Marine Contractor, 6 F.3d 448 (7th Cir. 1993), entry of a settlement bar under all of the circumstances is fair to the R&S Defendants, and any damage award that may be entered against them and in favor of plaintiffs shall be reduced by the amount that the Settling Defendants agreed to pay to plaintiffs under the Settlement Agreement. Accordingly, all claims, however denominated, regardless of the allegations, facts, law, theories or principles on which they are based, including, but not limited to, claims for contribution or indemnity, against any or all of Stone, McGuire & Benjamin, Howard L. Stone, and Michael L. Siegel, by any or all of Rosenthal & Schanfield, P.C., William P. Rosenthal, and Leslie J. Weiss, or by anyone claiming by, through or under any or all of them, including, but not limited to, any present or former partner or shareholder of Rosenthal & Schanfield, P.C. or of any predecessor or successor law firm, which claims now exist or have accrued, or which may exist or accrue in the future, and which, in whole or in part, arise out of or are in any way related to the claims alleged in the complaint or to the subject matter of those claims, or which, in whole or in part, arise out of or are in any way related to the matters alleged in the complaint, are extinguished, discharged, satisfied, and/or otherwise unenforceable.
11. Nothing contained herein shall be construed, nor is anything intended, to release, discharge, waive, or otherwise prejudice or impair in any way whatsoever, the claims or causes of action that any or all of plaintiffs or any other member of the Class has or might have against any person or entity other than the Settling Defendants, including, but not limited to, the claims alleged in the complaint against Rosenthal & Schanfield, P.C., William P. Rosenthal, and Leslie J. Weiss.
12. No costs shall be taxed against any of the parties to the Settlement Agreement; provided, however, that this paragraph shall be of no further force and effect in the event that claims are asserted against any or all of the Settling Defendants by any or all of the plaintiffs or by the other members of the Class under the circumstances permitted in paragraph 8, above.
13. A separate order or orders shall be entered with respect to the petitions for an award of attorneys' fees and expenses for counsel for plaintiffs. Such order or orders shall not disturb or affect any of the terms hereof.
14. This action shall remain pending and open and the Court shall retain jurisdiction over all issues relating to: (a) the Settlement Agreement; (b) the pending and undetermined claims against the R&S Defendants; and (c) any claims, actions, or causes of action that plaintiffs may bring before the Court which relate to or arise out of this action or to the matters which gave rise to this action.
15. All claims against defendants Howard L. Stone, Michael L. Siegel, and Stone, McGuire & Benjamin are dismissed with prejudice.
Date: DEC 21 1993
JAMES H. ALESIA
United States District Judge
© 1992-2004 VersusLaw Inc.