JOINT STIPULATION RE: DISMISSAL

WILLIAM H. ORRICK, District Judge.

Plaintiffs and Counter-Defendants Timothy M. Morris ("Morris"), Imtiaz Khan ("Khan"), Rick Seisinger ("Seisinger") and Neelesh Shah ("Shah") (hereinafter jointly referred to as "Plaintiffs"), by and through their attorneys of record, and Defendants and Counter-Claimants K2 Pure Solutions, L.P., K2 Pure Solutions NoCal, L.P. and K2 Pure Solutions Pittsburg, L.P. (hereinafter jointly referred to "Defendants") (collectively referred to as the "Parties") hereby stipulate as follows:

NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the Parties, through the undersigned counsel pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, that all Parties hereby stipulate to the dismissal of all remaining causes of actions and claims brought forth in this litigation with prejudice. This dismissal includes all remaining claims and causes of action in Plaintiffs' Third Amended Complaint, and all remaining claims and causes of action in Defendants' First Amended Counter-Claim. Each party, accept as agreed otherwise, shall bear their own costs and attorneys' fees with respect to their respective dismissed claims and causes of action.

IT IS SO STIPULATED.

ORDER

Upon consideration of the foregoing Joint Stipulation and [Proposed] Order Re Dismissal, IT IS HEREBY ORDER THAT all remaining claims and causes of action of all parties, including those brought forth in Plaintiffs' Third Amended Complaint and Defendants' First Amended Counter-Claim are hereby dismissed with prejudice. The Parties, except as agreed otherwise, shall bear their own costs and attorneys' fees.