JENNIFER L. THURSTON, District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that:
1. Defendants CITY OF BAKRESFIELD, OFFICER VERION COLEMAN and OFFICER ANTHONY McCARTHY hereby waive recovery of the $9,212.91 in costs awarded to them pursuant to the Cost Bill which was taxed and filed on March 23, 2017, in this matter. [Dkt. No. 57.]
2. In exchange for the wavier of costs set forth above, Plaintiff hereby agrees that he will not appeal or otherwise challenge the Order Granting Defendants' Motion for Summary Judgment [Dkt. No. 54] or any subsequent Judgment therefrom.
3. Pursuant to F.R.C.P. 41(a) and subject to the approval and Order of the Court as provided below, the undersigned parties hereby stipulate to the dismissal of this action with prejudice, with each party to bear its own attorneys' fees and costs, and request that the Court enter an Order dismissing this action with prejudice.
The foregoing Stipulation of the parties is accepted and approved, and this action is hereby dismissed with prejudice, with each party to bear its own attorneys' fees and costs.