PARTIES' JOINT STIPULATION FOR DISMISSAL OF DEFENDANT AGRESERVES, INC.'S COUNTER-CLAIM AGAINST PLAINTIFF IN EXCHANGE FOR WAIVER OF COSTS AND TO VACATE HEARING DATES AND ORDER THEREON

ANTHONY W. ISHII, Senior District Judge.

WHEREAS, a Jury Trial for all claims in this civil action began on March 22, 2016, except for the sole counter-claim by Defendant AgReserves, Inc. ("AgReserves") against Plaintiff Juan Carlos Robles ("Plaintiff"), and the claim by Plaintiff against AgReserves for alleged violation of California Business and Professions Code §17200 et seq. unfair business practice;

WHEREAS, on March 29, 2016, the Jury reached a verdict in favor of all Defendants on all claims before them;

WHEREAS, on March 30, 2016, Judgment was entered in favor of all Defendants in accordance with the Jury verdict rendered on March 29, 2016;

WHEREAS, the Court indicated it would dismiss Plaintiff's claim against AgReserves for alleged violation of California Business and Professions Code § 17200 et seq. in accordance with the testimony and evidence presented at trial;

WHEREAS, the trial on the Counter-Claim by AgReserves against Plaintiff was not previously adjudicated by the jury, and a bench trial is currently scheduled pending before Hon. Anthony W. Ishii of this Court on that claim ("the Counter-Claim");

WHEREAS, Plaintiff and AgReserves wish to stipulate for a dismissal of the Counter Claim in exchange for a mutual waiver of costs and fees between the parties as well as Plaintiff's promise not to pursue appeal of the jury verdict or motion for new trial;

THEREFORE, the Parties hereby stipulate as follows:

(1) the sole Counter-Claim by AgReserves against Plaintiff shall be dismissed by the Court with prejudice;

(2) the claim by Plaintiff against AgReserves for alleged violation of California Business and Professions Code §17200 et seq. shall be dismissed by the Court with prejudice;

(3) each party agrees to mutually waive the right to any attorneys' fees or costs from the other party for any claim in this action, and each party agrees to bear their own fees and costs moving forward relating to this matter;

(4) in exchange for the mutual promises contained herein, Final Judgment shall be entered in favor of AgReserves, Jay Payne and George Campo consistent with the Jury verdict, and Plaintiff agrees he will not pursue appeal of the jury verdict or motion for a new trial; and

(5) the trial dates currently scheduled for the bench trial for the Counter-Claim and claim for alleged violation of California Business and Professions Code §17200 et seq. be vacated as moot, consistent with this stipulation and order.

IT IS SO STIPULATED.

IT IS SO ORDERED.