Order re: STIPULATIONS TO DISMISS WITH AND WITHOUT PREJUDICE

[Fed. R. Civ. Proc. 40(a)(1)]

BETH LABSON FREEMAN, District Judge.

Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiffs Whole Leaf USA, LLC and Double M. Ranches, Inc., on behalf of themselves only, voluntarily dismiss Defendants Chieftain Harvesting, Inc., Mr. David Mills and United Security Bank with prejudice. Separately, United Security Bank requests the Court also dismiss, without prejudice under Rule 41(a)(1), its Counterclaim against Whole Leaf USA filed October 11, 2013, (Docket No. 20) only. In light of the requested Dismissals, the remaining claims and parties that are unaffected by this Stipulation are:

1. Field Fresh Farms, LLC and MKM Farms Inc., claims against Defendants United Security Bank, Chieftain Harvesting, Inc. and Mr. David Mills;

2. United Security Bank's Answer and Cross-Complaint against Chieftain Harvesting, Inc., and Mr. David Mills; and

3. United Security Bank's Third Party Complaint against Mr. Joseph Esquivel.

All parties waive the right to recover all fees and costs relating to the Dismissals by Whole Leaf USA, Double M. Ranches, Inc. and United Security Bank, Inc.; however, neither Whole Leaf USA nor Double M. Ranches, Inc., waive any remedy that may be secured from the United States Department of Agriculture for the sums past due from Chieftain Harvesting, Inc.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

The claims against all defendants by Plaintiffs Whole Leaf USA LLC and Double M Ranches Inc. are dismissed with prejudice. The counterclaim against Whole Leaf USA LLC by Defendant United Security Bank is dismissed without prejudice.

IT IS SO ORDERED.