STIPULATION AND PROPOSED ORDER TO RELEASE AND PAY FUNDS DEPOSITED WITH THE COURT PURSUANT TO FEDERAL RULE OF Civil PROCEDURE 67.

CHARLES R. BREYER, District Judge.

WHEREAS, during the Joint Case Management Conference in the above-captioned matter, Defendant AWJ Global Sustainable Fund L.P. ("AWJ GSF") asked to deposit certain funds at issue in this case with the Court pursuant to Fed. R. Civ. P. 67;

WHEREAS, on July 17, 2015, the Court entered a Minute Entry allowing, among other things, "defendant [to] deposit money with the Court pursuant to Rule 67," see Dkt. No. 29;

WHEREAS, on September 15, 2015, the Court, upon a motion by AWJ GSF, entered an order formalizing the July 17, 2015 Minute Entry that authorized AWJ GSF to deposit $613,028.13 with the Court pursuant to Fed. R. Civ. P. 67;

WHEREAS, on or about September 23, 2015, AWJ GSF deposited $613,028.13 (the "Deposited Funds") with the Court pursuant to the September 15, 2015 order;

WHEREAS, on November 17, 2015, a Settlement Conference was held in this case before Chief Magistrate Judge Joseph C. Spero;

WHEREAS, at the November 17, 2015 Settlement Conference, the parties reached a binding settlement entered into the record;

WHEREAS, pursuant to the settlement reached at the November 17, 2015 Settlement Conference, the parties agree that the Deposited Funds shall be released by the Court and paid to Plaintiff Stuart L. Peterson ("Peterson") on or before December 17, 2015;

NOW, THEREFORE, AWJ GSF and Stuart Peterson, by and through their respective counsel, hereby stipulate and respectfully request that the Court enter an order providing that the Deposited Funds in the amount of $613,028.13 shall be released by the Court and paid by check, payable to Stuart Peterson, which shall be mailed by the Court to the following address by no later than December 17, 2015:

PROPOSED ORDER

Pursuant to the parties' stipulation, the Court hereby ORDERS as follows:

The amount of $613,028.13 deposited with the Court in this action pursuant to Fed. R. Civ. P. 67 shall be released by the Court and paid by check, payable to Stuart Peterson, which shall be mailed by the Court to the following address by no later than December 17, 2015:

IT IS SO ORDERED.