STIPULATION FOR DISMISSAL OF ACTION PURSUANT TO FED. R. CIV. P. 41(A) AND FOR RETENTION OF JURISDICTION OVER ACTION TO ENFORCE SETTLEMENT

HAYWOOD S. GILLIAM, Jr., District Judge.

IT IS HEREBY STIPULATED, pursuant to Federal Rule of Civil Procedure 41(a), by Plaintiffs on the one hand, and Defendants on the other hand, through their respective counsel of record, that the above-captioned action is dismissed with prejudice in its entirety, with each party to bear its own attorneys' fees and costs. The Parties have entered into a confidential settlement of this matter on an individual/non-class basis. This settlement was prompted, in part, by the fact that the product that was the subject of the litigation is no longer on the market. If, however, the Court desires to review the settlement agreement, the Parties will provide the Court with a copy of the Settlement Agreement for in camera review.

IT IS FURTHER STIPULATED by and between Plaintiffs and Defendants that the Court shall retain jurisdiction over this action following its dismissal for the sole purpose of enforcing the Parties' settlement.

SIGNATURE CERTIFICATION

Pursuant to Rule 5-1(i)(3) of the United States District Court for the Northern District of California Local Rules, I hereby certify that the content of this document is acceptable to Ryan M. Sandrock, counsel for Defendant, and that I have obtained his authorization to affix his electronic signature to this document.

PURSUANT TO STIPULATION, IT IS ORDERED:

(1) The above-captioned action is dismissed with prejudice in its entirety, with each party to bear its own attorneys' fees and costs.

(2) The Court shall retain jurisdiction over this action following its dismissal for the sole purpose of enforcing the Parties' settlement.