Stipulation Withdrawing Premature Appeal (For Lack Of 54(b) Certification)
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Stipulation Withdrawing Premature Appeal (For Lack Of 54(b) Certification) Form. This is a Official Federal Forms form and can be use in 2nd Circuit Court Of Appeals Circuit Court Of Appeals.
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UNITED STATES COURT OF APPEALS
FOR THE
SECOND CIRCUIT
Docket #
STIPULATION WITHDRAWING PREMATURE APPEAL
It appearing that the above appeal is premature because some claims are still
pending in the District Court, i.e.,
FRCP 54(b), and no certification has been granted, WHEREFORE,
The undersigned hereby stipulate that the above-captioned appeal is hereby withdrawn
without costs and without attorneys' fees pursuant to Rule 42(b) of the Federal Rules of Appellate
Procedure. This stipulation shall not preclude any appeal from a final judgment, i.e.,
adjudicating all the claims and the rights and liabilities of all the parties, or an appeal following
certification, FRCP 54(b), in accordance with Circuit requirements. See, e.g., L.B. Foster v.
America Piles, 138 F. 3d 81(2d Cir. 1998); Harrison v. Harris Corp., 947 F. 2d 627, 630-631
(2d Cir. 1991) (requiring brief, reasoned explanation.)
The undersigned further stipulate that a signature on this document by facsimile shall be
sufficient as an original.
Dated:
______________________________
Attorney for Appellant
Dated:
______________________________
Attorney for Appellee
Counsel: Please print name and
firm under signature.
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