STIPULATION TO DISMISS HSNi, LLC, WITH PREJUDICE AND ORDER

VINCE CHHABRIA, District Judge.

Pursuant to Fed. R. Civ. P. 41(a)(1), the Parties, through their undersigned counsel of record, hereby stipulate to dismiss Defendant HSNi, LLC (hereinafter "HSN") with prejudice from this action. The parties declare in support of this request as follows:

WHEREAS, Plaintiff ALLEN MOSHIRI ("Plaintiff") filed the Class Action Complaint on March 5, 2014;

WHEREAS, on May 6, 2014, Defendant HSN filed its Motion to Dismiss;

WHEREAS, on May 20, 2014, Plaintiff timely filed his opposition briefs to Defendant HSN's Motion to Dismiss;

WHEREAS, on May 27, 2014, Defendant HSN timely filed its respective reply papers to Plaintiff's opposition to Defendant's Motion to Dismiss;

WHEREAS, the Court granted Defendant's Motion to Dismiss with leave to amend on June 20, 2014;

WHEREAS, Plaintiff ALLEN MOSHIRI ("Plaintiff") filed the First Amended Class Action Complaint on July 18, 2014;

WHEREAS, wishing to settle all of Plaintiff's claims and disputes against HSN, Plaintiff and HSN have reached a good faith settlement, the terms of which are governed by an executed Settlement Agreement and Release dated December 28, 2014 ("Settlement Agreement");

WHEREAS, pursuant to the Settlement Agreement between Plaintiff and HSN, in exchange for adequate consideration, Plaintiff agrees to voluntarily dismiss HSN with prejudice from this action;

WHEREAS, in executing the Settlement Agreement, HSN expressly denies any liability for the claims alleged against it in this action;

WHEREAS, a class has not been certified in this action as of the date of this Stipulation, and therefore court approval under Fed. R. Civ. P. 23(e) is not required;

NOW, THEREFORE, pursuant to Fed. R. Civ. P. 41(a)(1), the Parties through their respective attorneys stipulate as follows:

1. Pursuant to a settlement reached by and between Plaintiff and HSN, the terms of which are governed by the Settlement Agreement, HSN is dismissed with prejudice from this action.

IT IS SO STIPULATED.

ATTESTATION PER LOCAL CIVIL RULE 5-1(1)(3)

I am a signatory to this document and am the person whose ECF and ID and passwords are being utilized in its electronic filing with the Court. I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories hereto.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 8th day of January, 2015 at Newport Beach, California.

ORDER

PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, THE COURT ORDERS AS FOLLOWS:

Pursuant to a good faith settlement entered into by Plaintiff Allen Moshiri ("Plaintiff") and Defendant HSNi, LLC ("HSN"), which settlement is memorialized in a Settlement Agreement and Release executed by Plaintiff and HSN on December 28, 2014, and the Parties Stipulation To Dismiss HSN with Prejudice from this action, HSN is hereby dismissed with prejudice from this action.

IT IS SO ORDERED.