STIPULATION AND REQUEST FOR DISMISSAL WITH PREJUDICE OF:

1) TELEKENEX, INC., ANTHONY ZABIT, KAREN SALAZAR, BRANDON CHANEY, DEANNA CHANEY, AND IXC HOLDINGS, INC. ("TELEKENEX DEFENDANTS") FROM AXIS REINSURANCE COMPANY'S FIRST AMENDED COMPLAINT; AND

2) SECOND AMENDED COUNTERCLAIM OF THE TELEKENEX DEFENDANTS IN ITS ENTIRETY [Fed.R. Civ. P. 41(a), (c)]

SAMUEL CONTI, District Judge.

Plaintiff/Counter-Defendant AXIS Reinsurance Company ("AXIS") and Defendants/Counter-Claimants Telekenex, Inc., Anthony Zabit, Karen Salazar, Brandon Chaney, Deanna Chaney, and IXC Holdings, Inc. (collectively, the "Telekenex Defendants") have reached a settlement, one term of which requires the dismissal of their respective claims against each other in this action.

Now therefore, AXIS and the Telekenex Defendants hereby request and stipulate as follows:

(1) Pursuant to Rule 41 (a)(1) of the Federal Rules of Civil Procedure, Plaintiff AXIS Reinsurance Company stipulates and agrees to the dismissal of its First Amended Complaint in this action (ECF Doc. No. 15) as to Defendants Telekenex, Inc., Anthony Zabit, Karen Salazar, Brandon Chaney, Deanna Chaney, and IXC Holdings, Inc. only. No other defendants are hereby dismissed.

(2) Pursuant to Rule 41(a)(1) and (c) of the Federal Rules of Civil Procedure, Defendants/Counter-Claimants Telekenex, Inc., Anthony Zabit, Karen Salazar, Brandon Chaney, Deanna Chaney, and IXC Holdings, Inc. stipulate and agree to the dismissal of their Second Amended Counterclaim against Plaintiff/Counter-Defendant AXIS Reinsurance Company (ECF Doc. No. 105) in its entirety.

These requested and stipulated dismissals are with prejudice, with each party to bear their own fees and costs. AXIS' First Amended Complaint shall not be dismissed hereby as to the remaining defendants.

[PROPOSED] ORDER

Good cause appearing, the request is GRANTED under the authority of FRCP 41(a)(2).

IT IS SO ORDERED.