STIPULATION AND ORDER FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE

LAWRENCE J. O'NEILL, Chief District Judge.

Pursuant to FRCP 41(a), plaintiffs BENJAMIN C. OYARZO (Oyarzo) and NICHOLAS HART (Hart), and defendants TUOLUMNE FIRE DISTRICT (TFD) and KENNETH HOCKETT (Hockett), by and between their respective attorneys of record, do hereby stipulate as follows:

1. Oyarzo and TFD have settled all claims possessed by either against the other arising out of Oyarzo's employment with TFD, the termination of such employment, or this action, and have executed a written settlement and mutual release of all claims (the Oyarzo Release).

2. Oyarzo acknowledges receipt of all monies to be paid to him pursuant to the Oyarzo Release.

3. Hart, TFD, and Hockett have settled all claims possessed by Hart against TFD and/or Hockett and by TFD and/or Hockett against Hart arising out of Hart's employment with TFD, the termination of such employment, or this action, and have executed a written settlement and mutual release of all claims (the Hart Release).

4. Hart acknowledges receipt of all monies to be paid to him pursuant to the Hart Release.

5. This entire action, and all claims and causes of action currently pending herein, shall be dismissed with prejudice.

6. The parties to this action each shall bear his or its own attorney's fees and costs of suit.

ORDER

The stipulation of the parties having been considered, and good cause appearing therefor,

IT IS ORDERED, that this entire action, including all pending claims and causes of action, shall be and is hereby dismissed with prejudice.

IT IS FURTHER ORDERED, that each party shall bear his or its own attorney's fees and costs of suit.

IT IS SO ORDERED.