STIPULATION AND [PROPOSED] ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE

JON S. TIGAR, District Judge.

Plaintiff John Solak ("Plaintiff"), defendants Arthur J. Higgins, August J. Moretti, James P. Fogarty, Peter D. Staple, Karen A. Dawes, Louis J. Lavigne, Jr., James L. Tyree, James A. Schoeneck, David B. Zenoff, Samuel R. Saks, Vicente Anido, Jr., and Robert G. Savage (the "Individual Defendants") and nominal defendant Depomed, Inc. ("Depomed," and collectively with the Individual Defendants, "Defendants"),1 through their respective counsel of record, submit this stipulation and [proposed] order to voluntary dismiss this action without prejudice.

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties, through their undersigned counsel, pursuant to Rules 23.1(c) and 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and subject to the Court's approval, that:

1. This action shall be dismissed in its entirety without prejudice; and

2. Each Party shall bear his, her, or its own costs, fees, and expenses, including attorneys' fees.

IT IS SO STIPULATED.

I, George C. Aguilar, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order of Voluntary Dismissal Without Prejudice. In compliance with Civil L.R. 5-1(i), I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories.

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[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.