This document is a consent stipulation and order of dismissal without prejudice in a case between Bio-Reference Laboratories, Inc. and Matt Carey and Sam Ruta. It dismisses BRLI's first amended complaint without prejudice and amends the existing protective order to allow use of discovery in subsequent related proceedings. The parties will continue to be governed by the protective order and designations of confidentiality until modified by another court.

1. LITTLER MENDELSON
A Professional Corporation
One Newark Center, 8th Floor
Newark, NJ 07102
973.848.4700
Attorneys for Plaintiff/Counterclaim Defendant
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
BIO-REFERENCE LABORATORIES, INC.,
Plaintiff,
v.
MATT CAREY and SAM RUTA,
Defendants.
MATT CAREY and SAM RUTA,
Counterclaim Plaintiffs,
v.
BIO-REFERENCE LABORATORIES, INC.,
Counterclaim Defendant.
Civil Action No. 09-cv-05093 (DMC) (MF)
CONSENT STIPULATION AND
ORDER OF DISMISSAL WITHOUT
PREJUDICE
ELECTRONICALLY FILED
THIS MATTER having come before the Court on the application of Littler
Mendelson, P.C., attorneys for Plaintiff/Counterclaim Defendant Bio-Reference
Laboratories, Inc. ("BRLI"), on notice to Dewey Pegno & Kramarsky, LLP and Skoloff
& Wolfe, P.C., counsel for Defendants/Counterclaim Plaintiffs Matt Carey and Sam
Ruta; and the Court having considered the parties' arguments, and for good cause shown;
IT IS ON THIS day of February 2010 ORDERED as follows:
Case 2:09-cv-05093-DMC-MF Document 63 Filed 02/19/10 Page 1 of 4 PageID: 778

2. (1) BRLI's First Amended Complaint shall be and hereby is voluntarily dismissed
without prejudice;
(2) Pursuant to Paragraph 15 of the Discovery Confidentiality Order ("Protective
Order") the Court hereby amends the Protective Order such that nothing in the Protective
Order shall, of itself, be a bar to the use of any discovery produced thereunder in any
subsequent court action or arbitration that arises out of or relates to the facts that underlie
the pending action ["Subsequent, Directly-Related Proceeding(s)"];
(3) Consistent with ^2 of this Order, Paragraph 3 of the Protective Order is
modified as follows, in pertinent part:
"All Confidential material shall be used by the receiving party
solely for purposes of the filing, prosecution or defense of this action or
any Subsequent Directly-Related Proceeding(s), and shall not be used by
the receiving party for any business, commercial, competitive, personal or
other purpose, and shall not be disclosed by the receiving party to anyone
other than those set forth in Paragraph 4 of this Protective Order, including
in any filing in any Subsequent, Directly-Related Proceeding(s), unless
and until the restrictions herein or any designation of discovery as
"Confidential" or "Attorneys' Eyes Only" is modified or removed either
by written agreement of counsel for the parties or an Order of any other
tribunal in which any Subsequent, Directly-Related Proceeding(s) are
commenced";
(4) Any tribunal in which a Subsequent, Directly-Related Proceeding is
commenced shall have the power and discretion to enter an Order governing discovery
that amends this Protective Order as it sees fit and shall further have the power and
discretion to order the redesignation of documents currently categorized as
"Confidential" or "Attorney's Eyes Only" as it sees fit; and
(5) The parties shall continue to be governed by the Protective Order until such
time as it is superseded by the Order of another tribunal or the parties agree otherwise in
writing. The parties shall also continue to be governed by the designation of discovery as
Case 2:09-cv-05093-DMC-MF Document 63 Filed 02/19/10 Page 2 of 4 PageID: 779

3. "Confidential" or "Attorneys' Eyes Only" until such time as such designation is modified
or removed either by written agreement of counsel for the parties or an Order of any other
tribunal in which any Subsequent, Directly-Related Proceeding(s) are commenced.
'edd Mendelson, Esq. Jonathan W. Wolfe, Esq.
LITTLER MENDELSON, P.C. SKOLOFF & WOLFE P.C.
Attorneys for Plaintiff/Counterclaim Defendant Attorneys for Defendants/Counterclaim
Plaintiffs
Dated: February 19, 2010 Dated: February 19, 2010
SO ORDERED:
Stephen M. Kramarsky, Esq.
DEWEY PEGNO & KRAMARSKY, LLP
Attorneys for Defendants/Counterclaim
Plaintiffs
Dated: February 19, 2010
Hon. Mark Falk, U.S.M.J.
Firmwide:94158932.1 051146.1014
Case 2:09-cv-05093-DMC-MF Document 63 Filed 02/19/10 Page 3 of 4 PageID: 780

4. "Confidential" or "Attorneys' Eyes Only" until such time as such designation is modified
or removed either by written agreement of counsel for the parties or an Order of any other
tribunal in which any Subsequent, Directly-Related Proceeding(s) are commenced.
Jedd Mendelson, Esq. Joi
LITTLER MENDELSON, P.C. SB
Attorneys for Plaintiff/Counterclaim Defendant At%ne
Plai:
Dated: February 19, 2010
. Wolfe, Esq.
LqfFF & WOLFE ]
s for Defendants/Counterclaim
Dated: February 19, 2010
Stephen M. KrafnatSley, Esq.
DEWEY PEGNO & KRAMARSKY, LLP
Attorneys for Defendants/Counterclaim
Plaintiffs
Dated: February 19, 2010
SO ORDERED:
Hon. Mark Falk, U.S.M.J.
Firmwide:94158932.1 051146.1014
Case 2:09-cv-05093-DMC-MF Document 63 Filed 02/19/10 Page 4 of 4 PageID: 781