Stipulation For Premature Appeal

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT _____________________________________________ At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the day of , two thousand and , ______________________________ v. STIPULATION Docket Number: ______________________________ It appears that the above-captioned appeal is premature in that some claims remain pending in district court and no Fed. R. Civ. P. 54(b) certification has issued. The undersigned counsel for the parties stipulate that the above-captioned appeal is withdrawn without costs or fees pursuant to FRAP 42(b). This stipulation shall not preclude an appeal from a final judgment or an otherwise appealable order. Date: ______________________________ Attorney for Appellant (signature) Print Name and Firm Date: ______________________________ Attorney for Appellee (signature) Print Name and Firm CAMP FRAP 42(b) Stipulation ­ Premature Appeal (2010) December 3, 2009 American LegalNet, Inc. www.FormsWorkFlow.com