AMENDED STIPULATION AND ORDER TO DISMISS WITH PREJUDICE

JENNIFER A. DORSEY, District Judge.

Plaintiff James Truhe ("Truhe") and defendant Gary S. Lee ("Lee"), through their respective undersigned counsel, hereby stipulate and agree that they have entered into a settlement of the above-captioned matter, and stipulate and agree as follows:

1. All of the claims and causes of action asserted, or that could have been asserted, by Truhe against Lee, including his related persons, entities, companies (as managers, owners, shareholders, and/or members), and successors-in-interest, in this litigation may be, and hereby are, dismissed with prejudice.

2. All counterclaims and causes of action asserted, or that could have been asserted, by Lee against Truhe, including his related persons, entities, companies (as managers, owners, shareholders, and/or members), and successors-in-interest, in this litigation may be, and hereby are, dismissed with prejudice.

3. The parties to this Stipulation have entered into a Settlement Agreement that includes, among other things, a Stipulated Judgment which Truhe may file, record and execute upon if, and only if, Lee breaches the terms of that Settlement Agreement. This Court will retain jurisdiction over this dispute for filing of, and execution upon, that Stipulated Judgment should the need arise. Additionally, this Court shall retain jurisdiction over any action that may be brought to enforce or interpret the Settlement Agreement entered into by Truhe and Lee.

4. Each party to this Stipulation and Order shall bear its own attorneys' fees, costs, and professional expenses relative to the matters dismissed herein.

ORDER

IT IS SO ORDERED.