PARTIES' STIPULATED MOTION FOR VOLUNTARY DISMISSAL (PROPOSED).

EDWARD M. CHEN, District Judge.

WHEREAS, this present case ("Wiley II") and the earlier-filed case of Minden Pictures, Inc. v. John Wiley & Sons, Inc., Case No. C 12-04601 EMC ("Wiley I"), are related;1

WHEREAS, the parties previously submitted in this present case a Stipulated Motion to Stay All Proceedings Herein Pending Resolution of Summary Judgment Motions in Related Case,2 and on September 17, 2013, this Court entered an Order staying all proceedings in this case, until further Order of this Court;3

WHEREAS, the Court has set this matter for a Case Management Conference on November 17, 2015;4

WHEREAS, on January 27, 2014, this Court issued an Order granting Defendant John Wiley & Sons, Inc.'s ("Wiley's") Motion for Summary Judgment and dismissing Wiley I in its entirety with prejudice;5

WHEREAS, on January 27, 2014 this Court also entered Judgment in Wiley's favor on all of the claims by plaintiff Minden Pictures, Inc. ("Minden Pictures") in Wiley I;6

WHEREAS, on February 11, 2014, Minden Pictures filed its Notice of Appeal from this Court's judgment and rulings in Wiley I to the United States Court of Appeals for the Ninth Circuit;7

WHEREAS, on July 29, 2015, the Ninth Circuit issued its opinion in Case No. 14-15267, reversing the judgment of the district court,8 and issued its Mandate to the District Court on September 3, 2015;9

WHEREAS, the reinstatement of Wiley I makes proceedings in this case duplicative;

IT IS HEREBY STIPULATED AND AGREED THAT THE PARTIES jointly request the Court enter an Order dismissing the above action, without prejudice to Plaintiff's right to seek recovery of its fees and costs, except that Wiley does not concede any such costs or fees are available or appropriate.

I hereby attest that concurrence in the filing of this stipulation has been obtained from each of the signatories above indicated by a conformed signature (/s) within this e-filed document.

IT IS SO ORDERED.