JOINT STIPULATION AND ORDER TO DISMISS ACTION WITH PREJUDICE

[E.D. CAL. LOCAL RULE 160]

[[PROPOSED] ORDER FILED CONCURRENTLY HEREWITH]

TROY L. NUNLEY, District Judge.

Through this Joint Stipulation and Order to Dismiss Action with Prejudice, Plaintiff and Counter-Defendant Patriot Rail Company LLC (f/k/a Patriot Rail Corp.), Defendant and Counter-Claimant Sierra Railroad Co., Counter-Defendant Pacific Rail, LLC (f/k/a Patriot Rail LLC), and Non-Parties and Proposed Judgment Debtors Gary O. Marino, Patriot Equity, LLC, and Pacific Rail Holdings, LLC (collectively, the "Group"), hereby stipulate that the complaint in the above-captioned case be and hereby is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1) according to the attached [Proposed] Order in the above-captioned action.

Each member of the Group shall bear its own attorneys' fees and costs in connection with this action.

IT IS SO STIPULATED.

I hereby attest that I have on file the permission of all necessary filers for any signatures indicated by a "conformed" signature (/S/) within this e-filed document.

ORDER TO DISMISS ACTION WITH PREJUDICE

The Court, having reviewed the Joint Stipulation to Dismiss Action with Prejudice of Plaintiff and Counter-Defendant Patriot Rail Company LLC (f/k/a Patriot Rail Corp.), Defendant and Counter-Claimant Sierra Railroad Co., Counter-Defendant Pacific Rail, LLC (f/k/a Patriot Rail LLC), and Non-Parties and Proposed Judgment Debtors Gary O. Marino, Patriot Equity, LLC, and Pacific Rail Holdings, LLC (collectively, the "Group"), and good cause appearing, hereby orders that all dates and hearings are hereby vacated and this case is dismissed with prejudice, each member of the Group to bear its own costs and fees.

IT IS SO ORDERED.