STIPULATED REQUEST FOR DISMISSAL, WITH PREJUDICE

FED. R. CIV. P. 41(a)(2)

WILLIAM B. SHUBB, District Judge.

IT IS HEREBY STIPULATED AND AGREED, pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2), by and between each and every party to this stipulation, by and through the signatures of their respective counsel on this stipulation, that the parties to this stipulation wish to formally acknowledge and obtain a court order dismissing the entire instant action, as follows:

1. IT IS HEREBY STIPULATED, by and among Plaintiff UNITED GENETICS TURKEY TOHUM FIDE A.S., formerly known as TAT TOHUMCULUK A. S., a Turkish company ("Plaintiff") and Defendants H.J. HEINZ COMPANY, L.P., a Pennsylvania Limited Partnership registered to do business in California, and HEINZSEED, an unincorporated division of H.J. HEINZ COMPANY, L.P. ("Defendants") that they are requesting that a Court order be entered dismissing, with prejudice, the entire instant action, pursuant to a settlement reached by Plaintiff and Defendants as a result of a successful mediation session.

2. The undersigned represent and warrant that they have all requisite authority to bind the respective parties to the terms of the stipulation.

3. This stipulation may be executed in any number of counterparts with the same effect as if all signatories had signed the same documents. All counterparts must be construed together to constitute one instrument.

4. Each party shall bear that party's own costs and attorneys' fees in connection with this stipulation.

SO STIPULATED.

ORDER

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the entire instant action is hereby dismissed, with prejudice.

SO ORDERED.