STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE BY FLEXTRONICS INTERNATIONAL USA, INC. AND HOLY STONE ENTERPRISE CO., LTD. AND MILESTONE GLOBAL TECHNOLOGY, INC. (D/B/A HOLYSTONE INTERNATIONAL)

JAMES DONATO, District Judge.

Plaintiff Flextronics International USA, Inc. ("Flextronics") and Defendants Holy Stone Enterprise Co., Ltd. and Milestone Global Technology, Inc. (d/b/a HolyStone International) ("Holy Stone") by and through undersigned counsel, stipulate and agree that Flextronics hereby dismisses with prejudice all claims being asserted against Holy Stone in the above-captioned actions pursuant to Rules 41(a)(1)(A)(ii) and Rule 41(a)(2) of the Federal Rules of Civil Procedure. In support of this stipulation of dismissal, the parties state as follows:

WHEREFORE, the parties respectfully request that the Court issue the [Proposed] Order of Dismissal.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to the stipulation and upon good cause, the Court ORDERS the following:

Pursuant to Rules 41(a)(1)(A)(ii) and 41(a)(2) of the Federal Rules of Civil Procedure, all claims asserted in the above-captioned action by Plaintiff Flextronics International USA, Inc. against Holy Stone Enterprise Co., Ltd. and Milestone Global Technology, Inc. (d/b/a HolyStone International) are DISMISSED WITH PREJUDICE. Each party shall each bear its own costs and attorneys' fees.

IT IS SO ORDERED.

ATTESTATION

In accordance with Rule 5-1(i)(3) of the Local Rules of Practice in Civil Proceedings before the United States District Court for the Northern District of California, I, Charles E. Tompkins, hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories.