STIPULATION AND [PROPOSED] ORDER DISMISSING SPECIFIED CLAIMS AGAINST APPLE INC. WITH PREJUDICE [Fed. R. Civ. P. 41(a)]

JON S. TIGAR, District Judge.

It is hereby stipulated between Plaintiff Stephen Dean ("Plaintiff") and Apple Inc. ("Apple"), through their respective counsel, that the above-captioned action be and is hereby dismissed, as follows:

Plaintiff's claims against Apple, excepting only those claims for aiding and abetting invasion of privacy that were the subject of the Class Action Settlement Agreement (ECF No. 884) and that were released by operation of that Class Action Settlement Agreement upon its final approval and entry of judgment by the Court (ECF Nos. 925 and 931), shall be and hereby are dismissed with prejudice, each side to bear its own costs and attorneys' fees, pursuant to FRCP 41. Without limitation of the foregoing and for the avoidance of doubt, this dismissal includes Counts Three, Four, Five and Six of the Second Consolidated Amended Complaint.

FILER'S ATTESTATION

I attest that concurrence in the filing of this document has been obtained from the other signatories listed above.

[PROPOSED] ORDER

PURSUANT TO THE STIPULATION, AND GOOD CAUSE APPEARING, IT IS HEREBY ORDERED:

Plaintiff's claims against Apple, excepting only those claims for aiding and abetting invasion of privacy that are the subject of the Class Action Settlement Agreement (ECF No. 884), shall be and hereby are dismissed with prejudice, each side to bear its own costs and attorneys' fees.