IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

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IN RE TYCO INTERNATIONAL LTD., 

SECURITIES, DERIVATIVE AND “ERISA” 

LITIGATION

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MDL Docket No. 02-1335-B

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PUBLIC EMPLOYEES’ RETIREMENT

ASSOCIATION OF COLORADO,

Plaintiff,

v.

TYCO INTERNATIONAL LTD.; TYCO 

ELECTRONICS LTD.; COVIDIEN LTD.; 

L. DENNIS KOZLOWSKI; MARK H. 

SWARTZ; FRANK E. WALSH, JR., and

PRICEWATERHOUSECOOPERS LLP,

Defendants.

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Docket No. 08-1341-B

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JOINT MOTION FOR ENTRY OF ORDER AND FINAL JUDGMENT

 OF DISMISSAL WITH PREJUDICE AGAINST

 FRANK E. WALSH, JR. AND BAR ORDER

Case 1:02-md-01335-PB Document 1618 Filed 12/04/2009 Page 1 of 2 Case 1:08-cv-01341-PB Document 17 Filed 12/04/2009 Page 1 of 5
 Plaintiff in the above-captioned action (“Colorado PERA”) and Defendant Frank 

E. Walsh, Jr. (“Walsh”) have represented to the Court that they have entered into a 

Settlement Agreement and Release (the “Settlement Agreement”) that resolves all issues 

between and among them that are related to, involved, set forth, or referred to in 

Colorado PERA’s Complaint. Accordingly, Colorado PERA and Walsh respectfully 

request that the Court enter the Agreed Order and Final Judgment of Dismissal with 

Prejudice Against Frank E. Walsh, Jr. and Bar Order attached hereto as Exhibit A.

 Respectfully submitted, 

Dated: December 4, 2009 /s/ Andrew Entwistle

 Andrew Entwistle

 ENTWISTLE & CAPPUCCI LLP

 30 Columbia Turnpike

 P.O. Box 95

 Florham Park, New Jersey 07932, 

 (973) 236-0666

 

 Attorneys for Plaintiff

 Public Employees’ Retirement

 Association of Colorado

 /s/ Laurence Greenwald

 Laurence Greenwald

 Michele Pahmer

 STROOCK & STROOCK & LAVAN LLP

 180 Maiden Lane

 New York, New York 10038

 (212) 806-5400

 

 Attorneys for Defendant

 Frank E. Walsh, Jr.

Case 1:02-md-01335-PB Document 1618 Filed 12/04/2009 Page 2 of 2 Case 1:08-cv-01341-PB Document 17 Filed 12/04/2009 Page 2 of 5
EXHIBIT A

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

IN RE TYCO INTERNATIONAL LTD., 

SECURITIES, DERIVATIVE AND “ERISA” 

LITIGATION

:

:

:

:

:

MDL Docket No. 02-1335-B

This Document Relates To: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

PUBLIC EMPLOYEES’ RETIREMENT

ASSOCIATION OF COLORADO,

Plaintiff,

v.

TYCO INTERNATIONAL LTD.; TYCO 

ELECTRONICS LTD.; COVIDIEN LTD.; 

L. DENNIS KOZLOWSKI; MARK H. 

SWARTZ; FRANK E. WALSH, JR., and

PRICEWATERHOUSECOOPERS LLP,

Defendants.

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Docket No. 08-1341-B

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AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL WITH 

PREJUDICE AGAINST FRANK E. WALSH AND BAR ORDER

Case 1:02-md-01335-PB Document 1618-2 Filed 12/04/2009 Page 1 of 3 Case 1:08-cv-01341-PB Document 17 Filed 12/04/2009 Page 3 of 5
EXHIBIT A

Plaintiff in the above-captioned action and Defendant Frank E. Walsh 

(each a “Settling Party” and collectively the “Settling Parties”) have represented 

to the Court that they have entered into a Settlement Agreement and Release (the 

“Settlement Agreement”) that resolves all issues between and among them that 

are involved, set forth, or referred to in the Complaint. All defined terms set forth 

herein are defined in the Settlement Agreement. 

For good cause shown, it is hereby ORDERED that:

1. Bar Order. As provided in Section 21D-4(f)(7)(A) of the Private 

Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-4(f)(7)(A), to the 

maximum extent permissible under applicable law, and without agreeing or 

otherwise admitting that the “Non-Released Parties” (defined below) have any 

claim or right to contribution against any Settling Party: (a) Defendants L. Dennis 

Kozlowski, Mark H. Swartz, and PriceWaterhouseCoopers LLP (collectively the 

“Non-Settling Defendants”) and Tyco International Ltd., Covidien Ltd., and Tyco 

Electronics Ltd. (the “Previously-Settled Defendants,” together with the NonSettling Defendants the “Non-Released Parties”) are hereby permanently barred, 

enjoined, and restrained from commencing, prosecuting, or asserting any claim 

for or otherwise seeking contribution against any Settling Party based upon, 

relating to, or arising out of the Released Claims; (b) each Settling Party is hereby 

permanently barred, enjoined, and restrained from commencing, prosecuting, or 

asserting any claim for contribution against each other or against any other person 

based upon, relating to, or arising out of the Released Claims.

Case 1:02-md-01335-PB Document 1618-2 Filed 12/04/2009 Page 2 of 3 Case 1:08-cv-01341-PB Document 17 Filed 12/04/2009 Page 4 of 5
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2. Because there is no just reason for delay in the entry of this 

ORDER and FINAL JUDGMENT with respect to the claims asserted by Plaintiff 

against Frank E. Walsh, Jr., all claims asserted by Plaintiff against Frank E. 

Walsh, Jr. are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil 

Procedure 54(b). This action is not dismissed with respect to any claims asserted 

against the Non-Settling Defendants.

3. The Clerk of the Court is expressly directed to enter this Agreed 

Order and Final Judgment of Dismissal with Prejudice against Frank E. Walsh 

and Bar Order as a final judgment and to send a copy of same to all counsel of 

record.

IT IS SO ORDERED.

Entered: ______________, 2009

____________________________

The Honorable Paul Barbadoro

United States District Court Judge

Case 1:02-md-01335-PB Document 1618-2 Filed 12/04/2009 Page 3 of 3 Case 1:08-cv-01341-PB Document 17 Filed 12/04/2009 Page 5 of 5