EXHIBIT 99.1
Published on April 28, 2008
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John
H. Lien (SBN 216930)
REED
SMITH llp
Los
Angeles, CA 90071-1514
Telephone: 213.457.8000
Facsimile: 213.457.8080
Attorneys
for Plaintiff
ACCUPATH
DIAGNOSTICS LABORATORIES, INC., dba US LABS, a California
corporation
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ACCUPATH
DIAGNOSTICS LABORATORIES, INC. dba US LABS, a California
corporation,
NEOGENOMICS,
INC. dba NEOGENOMICS LABORATORIES, a Florida corporation, ROBERT
GASPARINI, an individual, CHRISTOPHER THIBODEAU, an individual, DOUGLAS
WHITE, an individual, GARY ROACH, an individual, and DOES 1 THROUGH 50,
INCLUSIVE,
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No.:
BC360985
[Assigned
to the Honorable Gregory W. Alarcon, Dept. 36]
STIPULATED
FINAL JUDGMENT
[C.C.P.
§ 664.6]
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IT
IS HEREBY STIPULATED BY AND BETWEEN Plaintiff Accupath Diagnostics Laboratories,
Inc. dba US Labs (“US Labs”) and Defendants NeoGenomics, Inc., Robert Gasparini,
Gary Roche, and Douglas White
(collectively,
“Defendants”) as follows:
1) This
Stipulation is entered into in accordance with a Settlement Agreement and
Release by and between US Labs and Defendants, with respect to the lawsuit filed
by US Labs against Defendants in the
Los
Angeles Superior Court, entitled Accupath Diagnostics
Laboratories, Inc. v. NeoGenomics, Inc., et al., Case No. BC
360985. As set forth in the Settlement Agreement and Release,
Defendants agreed to pay US Labs the settlement sum of Five Hundred Thousand
Dollars and No Cents ($500,000) in accordance with the following
schedule:
i. Two
Hundred Fifty Thousand Dollars and No Cents ($250,000.00) by check made payable
to US Labs, on or before May 1, 2008; and
ii. The
$250,000 remainder of the settlement sum shall be paid in eight equal
installments of $31,250 each, by checks made payable to US Labs, on or before
the following dates:
| May 31, 2008 | $ | 31,250 | ||
| June 30, 2008 | $ | 31,250 | ||
| July 31, 2008 | $ | 31,250 | ||
| August 31, 2008 | $ | 31,250 | ||
| September 30, 2008 | $ | 31,250 | ||
| October 31, 2008 | $ | 31,250 | ||
| November 30, 2008 | $ | 31,250 | ||
| December 31, 2008 | $ | 31,250 |
2) In
the event of a non-payment default by Defendants, US Labs will provide ten
calendar days written notice to Defendants’ present attorney of record,
Christopher Kondon, of its intent to cause this Stipulated Judgment to be
entered against Defendants. If, after receiving said notice,
Defendants fail to cure the default within the ten calendar day notice period,
then US Labs may cause this Stipulated Judgment to be entered against Defendant
NeoGenomics, and US Labs may undertake any and all appropriate legal action in
connection with the entry of this Stipulated Judgment to recover any past-due
amount, plus any remaining unpaid portion of the $500,000 settlement sum, plus
interest at the legal rate of 10% per annum, and attorney fees and costs related
to the filing or other legal action necessary to effectuate entry and
enforcement of this Stipulated Final Judgment.
3) In
the event the Parties’ Settlement Agreement is used as an exhibit by either of
the Parties in connection with the entry or enforcement of the Stipulated Final
Judgment, that the Settlement Agreement will be filed under seal to maintain its
confidentiality, pursuant to the applicable section(s) of the California Code of
Civil Procedure and/or California Rules of Court.
4) This
Judgment shall become final for all purposes upon entry of Judgment, and
Defendants waive any right to appeal or seek review of this Judgment by a higher
court.
5) The
Parties request and agree that the Honorable Gregory A. Alarcon of the Los
Angeles Superior Court retain jurisdiction over the Parties to enforce this
Stipulated Judgment pursuant to California Code of Civil Procedure section 664.6
against Defendants.
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ACCUPATH
DIAGNOSTICS LABORATORIES, INC. dba US LABS
DATED:
April 23,
2008 /s/
Bradford T. Smith
By: Its
Representative
NEOGENOMICS,
INC.
DATED:
April 23,
2008 /s/
Robert P.
Gasparini
By: Its Representative
ROBERT
GASPARINI
DATED:
April 23,
2008 /s/
Robert P.
Gasparini
Robert Gasparini
GARY
ROCHE
DATED:
April 23,
2008 /s/ Gary
Roche
Gary Roche
DOUGLAS
WHITE
DATED:
April 23,
2008 /s/
Douglas
White
Douglas White
DATED: April
23,
2008 REED
SMITH LLP
By: /s/
Bethany A.
Pelliconi
Bethany
A. Pelliconi
Attorney
for Plaintiff
ACCUPATH
DIAGNOSTICS LABORATORIES, INC., dba US LABS, a California
corporation
DATED: April 23,
2008 KIRKPATRICK
& LOCKHART PRESTON
GATES ELLIS LLP
By: /s/
Christopher J.
Kondon
Christopher
J. Kondon
Attorney
for Defendants
NEOGENOMICS,
INC., ROBERT GASPARINI, GARY ROCHE, AND DOUGLAS WHITE
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JUDGMENT
This Stipulated Final Judgment is
hereby approved, and judgment shall be entered in accordance therewith in the
amount of $______________, which is $500,000.00, less $________________ paid by
Defendant NeoGenomics, Inc., Robert Gasparini, Gary Roche, and Douglas White
pursuant to the Parties’ Settlement Agreement, plus $_________ interest at the
legal rate of 10% per annum on any unpaid balance after any uncured default
payments, plus $____________ in attorney fees and costs related to the filing or
other legal action necessary to effectuate entry and enforcement of this
Stipulated Final Judgment.
Pursuant to California Code of Civil
Procedure section 664.6, the Court shall retain jurisdiction over the Parties to
enforce this Stipulated Final Judgment until there is full performance of its
terms, in a manner consistent with the Settlement Agreement.
DATED:
April 25 , 2008
Hon.
Gregory A. Alarcon
Judge of
the Los Angeles Superior Court
STIPULATED
FINAL JUDGMENT
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