STIPULATED AND [PROPOSED] ORDER OF DISMISSAL

DONNA M. RYU, Magistrate Judge.

STIPULATION AND PROPOSED ORDER OF DISMISSAL

STIPULATION

Plaintiff and Counterclaim Defendant, MTR Western, LLC (MTR) and Defendants and Counterclaimants Tower Tours, LLC and Hagen Choi (jointly and severally, Defendants), along with The Choi Family 2006 Trust u/t/a dated April 25, 2006 (Trust), have entered into a binding Confidential Settlement Agreement (Agreement). These parties have also entered a Stipulation for Entry of Judgment (Stipulation for Judgment), which consents to the Court's entry of judgment in the event of a breach of the settlement terms.

The Agreement also provides that this Court will retain jurisdiction both to enforce the terms of the Agreement and, in the event of a breach, to enter the judgment consented to in the Stipulation for Judgment. The Agreement also invokes California Civil Procedure Code section 664.6 as an additional mechanism for the Court's enforcement of the Agreement.

MTR and the Defendants now wish to end this litigation, and they request the Court to dismiss it in its entirety, with prejudice, but with the Court retaining jurisdiction to enforce the parties' Agreement and Stipulation for Judgment.

MTR and DEFENDANTS SO STIPULATE.

[PROPOSED] ORDER OF DISMISSAL

Based on the parties' stipulation, and for good cause shown, IT IS ORDERED that this action is dismissed in its entirety with prejudice.

This Court shall retain jurisdiction to enforce the terms of the Settlement Agreement, including through application of California Code of Civil Procedure section 664.6, and, in the event of a breach or default under the terms of the Settlement Agreement or Stipulation for Judgment, to enter judgment pursuant to the Stipulation for Judgment.

The parties are to bear their own fees and costs.

IT IS SO ORDERED.