STIPULATION TO LIFT STAY AND DISMISS

RONALD M. WHYTE, District Judge.

Plaintiff Spinal Kinetics, Inc. ("Spinal Kinetics") and defendant Synthes USA, LLC ("Synthes"), by their respective undersigned attorneys, hereby stipulate that the existing Stay (Dkt. No. 22) in the above captioned matter can be lifted, and that this action shall be dismissed pursuant to the terms of a Settlement Agreement. The dismissal by Spinal Kinetics of its claims for relief is with prejudice as to all claims asserted against Synthes, and the dismissal by Synthes is with prejudice as to all counterclaims asserted against Spinal Kinetics. Except as otherwise agreed between the parties, each party shall bear its own attorneys' fees and costs. A proposed order dismissing this action is being filed herewith.

This Court shall retain subject matter and personal jurisdiction over the parties with respect to any dispute that may arise under the terms of their settlement agreement.

[] ORDER LIFTING STAY AND DISMISSING ACTION IN ITS ENTIRETY Defendant.

Based on the "Stipulation Lifting Stay and of Dismissal" filed by Plaintiff Spinal Kinetics, Inc. and Defendant Synthes USA, LLC, it is hereby ORDERED that the existing Stay (Dkt. No. 22) is hereby lifted, and that all claims of Spinal Kinetics, asserted against Synthes USA, are dismissed with prejudice, and all counterclaims of Synthes USA, asserted against Spinal Kinetics, are dismissed with prejudice. Except as otherwise agreed by the parties, each party shall bear its own attorneys' fees and costs.

This Court shall retain subject matter and personal jurisdiction over the parties with respect to any dispute that may arise under the terms of their settlement agreement.

IT IS SO ORDERED.