JOINT STIPULATION FOR DISMISSAL OF ALL CLAIMS AGAINST WAL-MART STORES, INC. AND ORDER

MORRISON C. ENGLAND, Jr., Chief District Judge.

SUBJECT TO THE APPROVAL OF THIS COURT, THE PARTIES, THROUGH THEIR RESPECTIVE ATTORNEYS OF RECORD, HEREBY STIPULATE TO THE FOLLOWING:

WHEREAS, Plaintiff Linda Warren ("Plaintiff") filed a Complaint on September 10, 2012 against Defendants Sam's West, Inc. and Wal-Mart Stores, Inc. in the above referenced action;

WHEREAS, Defendants Sam's West, Inc. and Wal-Mart Stores, Inc. answered Plaintiff's Complaint on or about October 24, 2012;

WHEREAS, counsel for all parties have engaged in discovery regarding the claims in this action;

WHEREAS, counsel for Plaintiff agrees to dismiss Defendant Wal-Mart Stores, Inc. without prejudice based on the absence of any known substantive legal grounds to assert any claims against Wal-Mart Stores, Inc.

WHEREAS, the Parties hereby stipulate for dismissal without prejudice that the above-entitled action be dismissed in its entirety against Wal-Mart Stores, Inc. pursuant to Federal Rule of Civil Procedure 41(a)(1).

WHEREAS, the Parties, Plaintiff and Defendant Wal-Mart Stores, Inc. shall bear their own respective costs and attorney's fees.

THEREFORE, based on the foregoing, by and through their undersigned attorneys of record, the Parties HEREBY STIPULATE AND REQUEST that the Court issue and Order dismissal of all claims against Defendant Wal-Mart Stores, Inc. without prejudice.

IT IS SO STIPULATED.

ORDER

The Court has reviewed the parties' stipulation (ECF No. 24), and the above-entitled action is dismissed in its entirety against Wal-Mart Stores, Inc. pursuant to Federal Rule of Civil Procedure 41(a)(1).

IT IS SO ORDERED.