STIPULATION FOR DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. PRO. 41(a); DEFENDANT FOSTER WHEELER, LLC'S WITHDRAWAL OF NOTICE OF REMOVAL; [PROPOSED] ORDER OF DISMISSAL AND REMAND

PHYLLIS J. HAMILTON, District Judge.

WHEREAS Plaintiffs EVANGELINA DELEON, Individually and as Successor-in-Interest to SALVADOR M. SAAVEDRA, Decedent; MARIA ELENA SAAVEDRA; SANDY RAMIREZ; JAMES FRANCISCO SAAVEDRA; JUAN CARLOS SAAVEDRA; OSCAR SAAVEDRA; and SALVADOR SAAVEDRA, JR. want this case to be remanded to Alameda Superior Court and Defendant FOSTER WHEELER LLC wants to be dismissed from this case, IT IS HEREBY STIPULATED AND AGREED by and between counsel for Plaintiffs EVANGELINA DELEON, Individually and as Successor-in-Interest to SALVADOR M. SAAVEDRA, Decedent; MARIA ELENA SAAVEDRA; SANDY RAMIREZ; JAMES FRANCISCO SAAVEDRA; JUAN CARLOS SAAVEDRA; OSCAR SAAVEDRA; and SALVADOR SAAVEDRA, JR., and counsel for Defendant FOSTER WHEELER, LLC, that pursuant to Federal Rules of Civil Procedure 41(a)(2), the Complaint of Plaintiffs in the above-captioned action may be and is hereby dismissed with prejudice as to Defendant FOSTER WHEELER, LLC, only. The parties shall each bear their own costs.

IT IS HEREBY FURTHER STIPULATED AND AGREED by and between counsel for Plaintiffs EVANGELINA DELEON, Individually and as Successor-in-Interest to SALVADOR M. SAAVEDRA, Decedent; MARIA ELENA SAAVEDRA; SANDY RAMIREZ; JAMES FRANCISCO SAAVEDRA; JUAN CARLOS SAAVEDRA; OSCAR SAAVEDRA; and SALVADOR SAAVEDRA, JR., and counsel for Defendant FOSTER WHEELER, LLC, that FOSTER WHEELER, LLC withdraws its Notice of Removal in the instant action as it is moot in light of the forgoing stipulated dismissal. As such, FOSTER WHEELER, LLC stipulates to and agrees with Plaintiffs' request that the case be remanded

IT IS SO STIPULATED.