STIPULATION AND [PROPOSED] ORDER OF VOLUNTARY DISMISSAL

FED. R. CIV. P. 41(a)(1)

PHYLLIS J. HAMILTON, District Judge.

Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff ELLEN COFFMAN ("Plaintiff") and Defendant HOME DEPOT U.S.A., INC. ("Defendant"), by and through the undersigned counsel of record, hereby stipulate that the above-entitled action shall be dismissed with prejudice as to all claims brought individually by Plaintiff and without prejudice as to all putative class claims, as follows:

WHEREAS this action was filed in the Superior Court of California, County of Sonoma on May 13, 2016 (see Dkt. No. 1-1), and removed to this Court on June 15, 2016 (Dkt. No. 1);

WHEREAS Defendant filed a motion to dismiss on July 6, 2016 (Dkt. No. 10), and the Court granted Defendant's motion to dismiss in part on June 29, 2016 (Dkt. No. 21);

WHEREAS Plaintiff filed a first amended complaint on October 5, 2016 (Dkt. No. 22), and Defendant's response to the first amended complaint is not yet due (Dkt. No. 29);

WHEREAS Defendant has neither answered nor moved for summary judgment and no class certification motion has been filed;

WHEREAS this action was filed as a class action but has not been certified as such;

WHEREAS Plaintiff and her counsel have decided to voluntarily dismiss the individual claims of Plaintiff with prejudice;

WHEREAS dismissal of Plaintiff's claims will not prejudice absent putative class members and will not affect their rights because no class has been certified;

WHEREAS, no notice need be sent to absent putative class members, because a class has not been certified, the case is in its infancy, the case has not been widely publicized, and no absent putative class member will be bound by the voluntary dismissal of Plaintiff's claims.

NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED that the above-entitled action shall be dismissed with prejudice as to all claims brought individually by Plaintiff and without prejudice as to putative class claims.

I, the undersigned, attest that concurrence in the filing of the document has been obtained from each of the other Signatories, which shall serve in lieu of their signatures on the document.

[PROPOSED] ORDER

The stipulation of the Parties is approved. The entire action is hereby dismissed with prejudice, with all parties to bear their own attorneys' fees and costs.

IT IS SO ORDERED.