STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE OF ENTIRE ACTION

CHARLES R. BREYER, District Judge.

Pursuant to the Confidential Settlement Agreements and Releases by and between Plaintiffs AARON ROSE and TROY SWEDEEN ("Plaintiffs") and Defendant AECOM GOVERNMENT SERVICES, INC. ("AECOM"), and the global settlement between AECOM, Plaintiffs, and Defendant Aerotek, Inc. ("Aerotek") at the settlement conference, and Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the Parties hereby stipulate and agree that the above-captioned action, including without limitation all complaints, amended complaints, and counter-complaints, including all claims and cross-claims, be dismissed in its entirety, with prejudice.

IT IS HEREBY STIPULATED AND AGREED, by the parties hereto, by and through their respective counsel of record, as follows:

On November 10, 2014, the Parties attended a Settlement Conference before the Honorable Magistrate Judge Jacqueline Scott Corley. Following the Settlement Conference, the Parties agreed to a Confidential Settlement Agreement and Release whereby Plaintiffs agreed to voluntarily dismiss their First Amended Complaint and all claims contained therein with prejudice. The Settlement Agreement has been fully executed and the Parties now request dismissal of this action with prejudice.

Although this action was filed as a putative class action, Plaintiffs' investigation and discovery reveled that there were only 15 individuals who could potentially fit within the class definition contained in the First Amended Complaint. Of these individuals, the majority signed releases while others accepted different positions with Defendant AECOM, thereby differentiating their circumstances from the Named Plaintiffs and precluding their ability to join in any potential class represented by Troy Swedeen or Aaron Rose. Thus, Plaintiffs' counsel does not believe the numerosity requirement for class certification under Rule 23 of the Federal Rules of Civil Procedure could be met in this case and settled the individual claims of the Plaintiffs on that basis.

Defendants AECOM and Aerotek further stipulate and agree that any and all Cross-Complaints filed in this action, including all cross-claims included therein, shall also be dismissed with prejudice.

IT IS SO STIPULATED.

ORDER

Whereas Plaintiffs filed a class action complaint asserting claims on behalf of themselves and all similarly situated persons;

Whereas Plaintiffs have determined that it is not feasible to pursue the class claims, and have entered into an individual settlement; and

Whereas, notice to the general public is not required because no class has been certified, the putative class members' claims, if any, are not affected, and the cost of notice would be prohibitively expensive and would make the individual settlement economically infeasible;

IT IS HEREBY ORDERED that case number 13-CV-05218, and all causes and actions contained therein, including cross-complaints and cross-claims, shall be dismissed WITH PREJUDICE as to all parties, including as to Plaintiffs' individual claims, but without prejudice as to the putative class members' claims, with each party to bear its own costs and fees incurred in this action. The Court shall retain jurisdiction for purposes of enforcing the terms of the settlement agreement.

IT IS SO ORDERED.