PUTATIVE CLASS ACTION

ORDER RE: STIPULATION FOR DISMISSAL WITHOUT PREJUDICE PRIOR TO RESPONSIVE PLEADING

PERCY ANDERSON, District Judge.

Pursuant to Stipulation between Plaintiff Howard Thompson ("Plaintiff") and Defendant Amplify Energy Corp. ("Amplify") regarding dismissal without prejudice of Plaintiff's complaint prior to responsive pleading, and good cause appearing, IT IS HEREBY ORDERED:

1. Plaintiff's Complaint is dismissed without prejudice as to each and every claim therein, whether brought in an individual, class action, or representative capacity;

2. Plaintiff shall not re-file any wage-and-hour related complaint against Amplify while the Jefferson Action is pending;

3. The putative class in the within action will not be given notice of the dismissal because it has not received notice of the filing of this action and because its rights are to be adjudicated in the Jefferson Action;

4. Each party is responsible for bearing its own fees and costs related to the instant action and its dismissal;

5. Amplify will stipulate to allow the plaintiff in the Jefferson Action to amend his operative complaint (provided it is remanded to the District Court) to add the Additional Claims, subject to the conditions set forth below;

6. In the event that the plaintiff in the Jefferson Action amends his operative complaint to add the Additional Claims, the defendants in the Jefferson Action do not waive any defenses to the newly added claims, including without limitation their contention that the newly added claims do not relate back to the original filing date in the Jefferson Action; and

7. Amplify is relieved from filing a responsive pleading to Plaintiff's Complaint in this action.

SO ORDERED.