JOINT STIPULATION OF DISMISSAL AND ORDER FRCP Rule 41(a)(1)(A)(ii)

TROY L. NUNLEY, District Judge.

JOINT STIPULATION OF DISMISSAL AND ORDER

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Richard Wuest ("Plaintiff") and Defendant BP Venture Management, Inc. ("Defendant"), by and through their respective undersigned counsel, hereby submit this Joint Stipulation of Dismissal and [Proposed] Order, and stipulate and agree as follows:

WHEREAS, Plaintiff has agree to dismiss this entire civil lawsuit, with prejudice as to his individual claims and without prejudice as to the alleged putative class action claims.

WHEREAS Defendant has agreed to dismiss with prejudice its third-party complaint against Custom Register Solutions, LLC, effective upon entry of the Court's order dismissing this action.

WHEREAS, Plaintiff has not moved for class certification, and a class has not been certified by the Court. The Parties' stipulated dismissal of this action does not resolve the claims, issues, or defenses of any putative or certified class. Under Rule 23(e) of the Federal Rules of Civil Procedure, where a class has not been certified, Court approval is not required for dismissal. Fed. R. Civ. P. 23(e) (court approval only required for dismissal of "the claims, issues, or defenses of a certified class") (emphasis added); see also Advisory Committee Notes on 2003 Amendments to Rule 23, Subdivision (e), Paragraph (1) ("The new rule requires [court] approval only if the claims, issues or defenses of a certified class are resolved by . . . voluntary dismissal.") (emphasis added).

WHEREAS, the Parties are not aware of any member of the alleged putative class who, in reliance upon this action or otherwise, has refrained from bringing a claim identical or similar to any of the claims in this action or who might be prejudiced by dismissal of this action by the Court.

For the reasons set forth above and pursuant to the Federal Rules of Civil Procedure, Rule 41(a)(1)(A)(ii), the Parties hereby jointly Stipulate to the dismissal with prejudice of Plaintiff's individual claims, dismissal with prejudice of Defendant's third-party complaint against Custom Register Solutions, LLC, and the dismissal without prejudice of the alleged class action claims and request that the Court terminate all proceedings in this action.

Except as to any agreements between the Parties, each Party shall bear his/its own costs and fees associated with this action and the dismissal.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

PURSUANT TO STIPULATION, IT IS SO ORDERED.