STIPULATION OF DISMISSAL WITH PREJUDICE

THELTON E. HENDERSON, District Judge.

WHEREAS, the Complaint was filed in this Court on December 14, 2012 (Dkt. No. 1);

WHEREAS, on January 9, 2013, the parties stipulated to extend Defendant Nintendo of America Inc.'s ("Nintendo") response date to February 11, 2013 (Dkt. Nos. 6 & 7);

WHEREAS, on February 11, 2013, Nintendo filed a Motion to Compel Arbitration and Stay Proceedings ("Motion") (Dkt. No. 11);

WHEREAS, the Court granted Nintendo's Motion on March 18, 2013;

WHEREAS, the Court's March 18 Order statedd, inter alia, that Within seven days of the completion of the arbitration or on June 24, 2013, whichever is sooner, the parties shall file a joint status statement or a stipulated dismissal of this case";

WHEREAS, no defendant in this action has answered the complaint or filed a motion for summary judgment;

WHEREAS, a class has not been certified in this action; and

WHEREAS, pursuant to Fed. R. Civ. P. 41(a)(1), plaintiff Joubin Rahimi wishes to voluntarily dismiss this action with prejudice with respect to his individual claims only.

THEREFORE, it is hereby agreed and stipulated, by and between counsel for the parties herein, to dismiss the individual claims of plaintiff Joubin Rahimi with prejudice. The claims asserted on behalf of a putative class are to be dismissed without prejudice. The parties agree that each will bear their own costs and attorneys fees.

Because this stipulation is signed by all parties who have appeared and no class has been certified, no Court order is necessary to effectuate dismissal.

IT IS SO ORDERED.