STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE

JOSEPH C. SPERO, District Judge.

Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, and pursuant to a settlement reached by and between the Parties to the above-entitled action, which is reflected in a confidential written settlement agreement, Plaintiff Eyespy Critiquing & Consulting Corporation and Defendants Eye Spy Spotter Services, Inc. and Michael Zenner (the "Parties"), by and through their counsel of record, hereby stipulate and agree that the above-entitled action shall be, and hereby is, DISMISSED WITHOUT PREJUDICE. Each of the Parties shall bear his or its own attorneys' fees and costs.

The Court shall retain jurisdiction to enforce the Parties' settlement.

IT IS SO STIPULATED.

GENERAL ORDER 45 CERTIFICATION

I. Robert A. Weikert, hereby attest pursuant to N.D. Cal. General Order No. 45 that the concurrence to the filing of this document has been obtained from each signatory hereto.

ORDER

Plaintiff Eyespy Critiquing & Consulting Corporation and Defendants Eye Spy Spotter Services, Inc. and Michael Zenner, being all of the parties of record in this action, having reached a settlement which is reflected in a confidential written settlement agreement, and having stipulated by and through their counsel of record, and the Court having accepted the stipulation of the parties,

IT IS HEREBY ORDERED that the above-entitled action shall be, and hereby is, DISMISSED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that each of the parties shall bear his or its own attorneys' fees and costs, and that the Court shall retain jurisdiction to enforce the settlement.

IT IS SO ORDERED.