STIPULATION OF DISMISSAL WITHOUT PREJUDICE (AS TO DEFENDANT ALICIA SPENGER)

EDWARD M. CHEN, District Judge.

The following Stipulation is entered into between Plaintiff Mitchell Katz and Defendant Alicia Spenger.

I. RECITATIONS

A. In the First Amended Complaint in the above-entitled action, Plaintiff Mitchell Katz in the Second Claim for Relief (Conspiracy to Commit Bad Faith Arrest), the Fourth Claim for Relief (Conspiracy to Commit Egregious Official Conduct Intended to Injure), the Seventh Claim for Relief (False Arrest), the Eighth Claim for Relief (Abuse of Process), the Ninth Claim for Relief (Intentional Infliction of Emotional Distress, the Tenth Claim for Relief (Negligence), the Eleventh Claim for Relief (Intrusion into Private Affairs) and the Twelfth Claim for Relief (Recording of Confidential Information (Pen. Code §§ 632, 637.2).

B. In the case of Alicia Spenger vs. Mitchell Katz, a family law action in the Superior Court of California for the County of Alameda, Case No. HF11558073 ("the family law matter"), Mr. Katz and Ms. Spenger reached a partial settlement which included a settlement of Mr. Katz's claims against Ms. Spenger in this matter, and the attendant consideration for that settlement, by placing the terms of the settlement on the record in open court before the Honorable Alice Vilardi, Superior Court Judge, on June 14, 2012.

C. As agreed by counsel for the parties on the record in open court, Mr. Katz agreed to "dismiss the lawsuit currently pending, the federal civil lawsuit currently pending against Ms. Spenger. . . with prejudice (transcript at 6:15 — 17) . . . and (provided) a general release of all claims not before the Family Court that have been or could have been brought in the civil case" (transcript at 8:17 — 21).

D. Counsel for Mr. Katz and Ms. Spenger have drafted a formal settlement agreement for filing in this matter based on the above-described settlement in the family law matter, which conforms with the above-described settlement in open court, but have not been able to finalize it as yet due to difficulty obtaining a review of that agreement by Mr. Katz's new family law attorney with regard to whether the new agreement, as drafted, might have unintended impact on the continued proceedings in the family law matter.

E. The parties to this Stipulation and their counsel enter into this stipulation to dismiss Mr. Katz's action herein against Ms. Spenger, without prejudice, to simplify the upcoming Joint Status Conference and this litigation for the court and the remaining parties, and to relieve Ms. Spenger and her counsel from participation in that Conference and in the case going forward. Counsel for both parties contemplates that Mr. Katz will dismiss his claims against Ms. Spenger with prejudice once that settlement agreement herein is finalized. Ms. Spenger's counsel intend to go forward with a like Stipulation of Dismissal between Ms. Spenger as Cross-complainant and the County of Contra Costa, Christopher Butler, Stephen Tanabe, Carl Marino, and the Town of Danville as Cross-defendants, on Ms. Spenger's cross-complaint against these Cross-defendants, once Mr. Katz's claims against Ms. Spenger are dismissed.

II. STIPULATION BETWEEN MITCHELL KATZ AND ALICIA SPENGER

A. Based upon the above Recitations, Defendant Alicia Spenger is dismissed without prejudice from the Plaintiff's above-entitled action in this Court.

B. In exchange for the dismissal without prejudice, Defendant Alicia Spenger waives any costs or fees incurred to date arising from this action.

ORDER

Pursuant to stipulation, it is ORDERED that Defendant Alicia Spenger is dismissed without prejudice.