UNITED STATES COURT OF APPEALS
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certification has been granted, WHEREFORE, The undersigned hereby stipulate that the above-captioned appeal is hereby withdrawn without costs and without attorneys' fees pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure.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.
______________________________ Attorney for Appellant
______________________________ Attorney for Appellee
Counsel: Please print name and firm under signature.