STIPULATION AND ORDER WITHDRAWING AFFIDAVIT AND REQUEST FOR ATTORNEY'S FEES AND ACKNOWLEDGING SATISFACTION OF JUDGMENT

LLOYD D. GEORGE, District Judge.

Plaintiffs, TERRY E. DICKSON, RONALD N. BEGAY, LARRY D. EILERS, ALDEN T. FERGUSON, and WILBUR TARR, along with Defendants, and NEVADA POWER COMPANY, (each a "Party" and, collectively, "Parties"), by and through their counsel of record1, hereby enter into the following stipulation:

WHEREAS, as a result of a dispute between Terry E. Dickson, Ronald N. Begay, Larry D. Eilers, Alden T. Ferguson, and Wilbur Tarr (collectively, "Plaintiffs"), and Defendants Nevada Power Company ("Nevada Power") and the Salt River Project Agricultural Improvement and Power District, on January 5, 1996, Plaintiffs filed a civil lawsuit against Nevada Power and the Salt River Project Agricultural Improvement and Power District which was litigated in the U.S. District Court in and for the District of Nevada as Case No. 2:96-cv-00020-LDG-LRL (the "Action") alleging a cause of action and damages related to Plaintiffs' rights under ERISA and their retirement plans;

WHEREAS, on February 8, 2005, the Court issued its Decision and Judgment on the merits of the Action where it awarded Plaintiffs $22,860.00 and conditionally awarded the payment of Plaintiffs' attorney's fees and costs, subject to further briefing and order of the Court;

WHEREAS, on April 5, 2005, Plaintiffs submitted their Affidavit of Attorneys' Fees (ECF No. 174), regarding attorney's fees and costs, which was opposed by Nevada Power (ECF Nos. 175, 176);

WHEREAS, the Court has not issued an order concerning Plaintiffs' Affidavit of Attorney's Fees regarding an award of attorney's fees and costs;

WHEREAS, the Judgment has been fully satisfied; and

WHEREAS, the Parties have agreed to resolve the disputes between them concerning the Court's Decision, Judgment, and Plaintiffs' Affidavit of Attorneys' Fees.

THEREFORE, the Parties hereby stipulate and agree to the following:

1. Plaintiffs hereby withdraw their Affidavit of Attorneys' Fees (ECF No. 174), together with any request for an award of attorney's fees and costs, with prejudice;

2. The Parties acknowledge the payment of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) from Nevada Power in full and complete satisfaction of any attorney's fees and costs owed to Plaintiffs in or resulting from this action, or that could have otherwise been sought by Plaintiffs in connection with the occurrences and transactions referenced in this action;

3. The Parties acknowledge the payment of $22,860.00 in full and complete satisfaction of the Judgment; and

4. This matter may now be closed.

IT IS SO STIPULATED THROUGH COUNSEL OF RECORD,

ORDER

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.