SOUTHERN DISTRICT OF WEST VIRGINIA
It is stipulated and agreed by and between the undersigned parties by their respective attorneys, subject to approval and entry by the Court, that:
1. The Court has jurisdiction over the subject matter of this action and over each of the parties hereto, and venue of this action is proper in the United States District Court for the Southern District of West Virginia, Charleston Division.
2. The parties stipulate that a proposed Final Judgment in the form attached as Exhibit 1 may be filed with and entered by the Court, upon the motion of any party or upon the Court's own motion, at any time after compliance with the requirements of the Antitrust Procedures and Penalties Act (15 U.S.C. § 16), and without further notice to any party or other proceedings, provided that the United States has not withdrawn its consent, which it may do at any time before the entry of the proposed Final Judgment by serving notice thereof on the Daily Gazette Company and MediaNews Group and by filing that notice with the Court.
3. Defendants shall abide by and comply with the provisions of the proposed Final Judgment, pending the Final Judgment's entry by this Court, or until expiration of the time for all appeals of any Court ruling declining entry of the proposed Final Judgment, and shall, from the date of the signing of this Stipulation by the parties, comply with all the terms and provisions of the proposed Final Judgment as though the same were in full force and effect as an order of the Court.
4. This Stipulation shall apply with equal force and effect to any amended proposed Final Judgment agreed upon in writing by the Parties and submitted to this Court.
5. If (1) the proposed Final Judgment is not entered pursuant to this Stipulation and the time has expired for all appeals of any court ruling declining entry of the proposed Final Judgment, or (2) the United States has withdrawn its consent, and the Court has not otherwise ordered continued compliance with the terms and provisions of the proposed Final Judgment, then the Parties are released from all further obligations under this Stipulation and the making of this Stipulation shall be without evidentiary prejudice to any party in this or any other proceeding.
Dated: January 20, 2010