STIPULATION FOR DISMISSAL AND ORDER

JOHN A. MENDEZ, District Judge.

Plaintiff BIG B CONSTRUCTION, INC. ("Big B"), and Defendants MASCON, INC. ("Mascon") and TRAVELERS CASUALTY AND SURETY OF AMERICA ("Travelers"), by and through their attorneys of record, hereby stipulate and agree as follows:

1. Big B filed the above-entitled lawsuit against Mascon and Travelers on or about August 25, 2014, alleging claims for: (1) Recovery on Bond (Miller Act), (2) Breach of Contract, (3) Account Stated, and (4) Goods and Services Rendered.

2. Because the Subcontract that was in dispute in this Action contained an arbitration provision, on February 9, 2015, the Parties entered into a stipulation to stay this Action to allow the parties to arbitrate their dispute.

3. On February 10, 2015, this Court, pursuant to the parties' stipulation entered an order staying this matter until the conclusion of the arbitration.

4. The parties engaged in settlement discussions and entered into a binding settlement agreement.

5. All conditions of the settlement have been satisfied, and the parties wish to dismiss the Complaint with prejudice pursuant to their settlement agreement.

STIPULATION

IT IS HEREBY STIPULATED, by and between the parties to this action, through their designated counsel, that the above-captioned action be and hereby is dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure.

ORDER

Good cause appearing, IT IS SO ORDERED that this matter is dismissed pursuant to Rule 41 (a) (2), this matter is dismissed.