STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANT AND COUNTERCLAIMANT RAJ ABHYANKER'S COUNTERCLAIM FOR MISAPPROPRIATION OF TRADE SECRETS AGAINST COUNTERDEFENDANTS BENCHMARK CAPITAL PARTNERS, L.P., BENCHMARK MANAGEMENT CO., LLC, SANDEEP SOOD, AND MONSOON ENTERPRISES, INC.

EDWARD M. CHEN, District Judge.

STIPULATION OF DISMISSAL

WHEREAS, on April 12, 2013, Defendant and Counterclaimant Raj Abhyanker ("Abhyanker") filed a First Amended Answer and Counterclaims [Dkt. No. 59] ("FACC"), asserting a counterclaim for trade secret misappropriation against Sandeep Sood and Monsoon Enterprises, Inc. (together, "Monsoon") and Benchmark Capital Partners, L.P. and Benchmark Capital Management Co., LLC (together, "Benchmark");

WHEREAS, on August 2, 2013, Monsoon answered the FACC [Dkt. No. 104];

WHEREAS, on December 5, 2013, Abhyanker filed a Second Amended Answer and Counterclaims [Dkt. No. 132] ("SACC"), asserting a counterclaim for trade secret misappropriation against Monsoon and Benchmark;

WHEREAS, on June 5, 2014, Benchmark answered the SACC [Dkt. No. 209];

WHEREAS, Abhyanker wishes to dismiss and release all claims against Monsoon, and each of its present and former partners, members, directors, officers, employees, subsidiaries, affiliates, predecessors, successors, insurers, attorneys, stockholders and agents (the "Monsoon Related Parties"), based on the facts and circumstances alleged in the FACC and SACC;

WHEREAS, Abhyanker wishes to dismiss and release all claims against Benchmark, and each of its present and former partners, members, directors, officers, employees, subsidiaries, affiliates, funds, predecessors, successors, insurers, attorneys, stockholders and agents (the "Benchmark Related Parties"), based on the facts and circumstances alleged in the FACC and SACC;

Pursuant to Federal Rule of Civil Procedure 41(a), the parties stipulate and agree as follows:

1. Abhyanker hereby dismisses with prejudice all claims or counterclaims against Benchmark and Monsoon in the above-captioned action;

2. Abhyanker releases all claims against the Benchmark Related Parties and the Monsoon Related Parties, whether known or unknown, based on the facts and circumstances set forth in the FACC and SACC;

3. Abhyanker shall not take any further discovery of Benchmark or Monsoon in the above-captioned action, and all pending discovery requests to Benchmark and Monsoon, including but not limited to document requests, interrogatories, and deposition notices, are hereby withdrawn;

4. Abhyanker shall have no further obligation to respond to pending discovery requests promulgated by Benchmark or Monsoon; and

5. The parties shall bear their own fees and costs.

IT IS SO STIPULATED.

ATTESTATION

Pursuant to Civil Local Rule 5-1, I certify that I obtained in the filing of this document the concurrence from all parties whose electronic signatures appear above.

IT IS SO ORDERED.