STIPULATION, SETTLEMENT AND [PROPOSED] ORDER FOR DISMISSAL

EDWARD M. CHEN, District Judge.

The parties, by and between, their respective counsel, stipulate as follows:

1. This Stipulation and Proposed Order is made pursuant to F.R.C.P. 41(a)(1)(A)(ii) and California Labor Code § 2699(1)(2).

2. Pursuant to a confidential settlement agreement, Plaintiff David Barnes agrees to dismiss with prejudice Causes of Action One through Ten and Cause of Action Twelve of his First Amended Complaint.

3. Pursuant to the same confidential settlement agreement, Defendant Energy Recovery, Inc. agrees to dismiss with prejudice its Counterclaim.

4. With respect to Plaintiff's Eleventh Cause of Action under the Private Attorneys General Act (PAGA), the parties separately and independently agree to the following settlement of the PAGA claim.

5. To the fullest extent permitted by law, Plaintiff agrees to dismiss with prejudice his individual claims under PAGA. Plaintiff further agrees only for purposes of this Stipulation that, if the Court grants the dismissal with prejudice of his Causes of Action One through Ten and Cause of Action Twelve, he will no longer be an alleged aggrieved employee under Labor Code § 2699(g).

6. The parties further agree to the dismissal without prejudice of the remainder of Plaintiff's Eleventh Cause of Action under PAGA as it relates to the State of California and any alleged aggrieved employee other than Plaintiff. Accordingly, the dismissal of this case shall have no res judicata or collateral estoppel effect on the State of California or any alleged aggrieved employee other than Plaintiff.

7. This Stipulation and [Proposed] Order will be served on the Labor Workforce and Development Agency at the same time it is submitted to the Court in accordance with Labor Code § 2699(1)(2).

8. Each party shall bear his or its own attorneys' fees and costs with respect to this case.

[PROPOSED] ORDER

The Court, upon review of the parties' Stipulation, hereby orders as follows:

1. Plaintiff David Barnes' Causes of Action One through Ten and Cause of Action Twelve are hereby dismissed with prejudice.

2. Defendant Energy Recovery, Inc.'s Counterclaim is hereby dismissed with prejudice.

3. Plaintiff David Barnes' Eleventh Cause of Action under the Private Attorneys General Act is hereby dismissed with prejudice with respect to Plaintiff.

4. Plaintiff's Eleventh Cause of Action under the Private Attorneys General Act is hereby dismissed without prejudice as to the State of California and any aggrieved employee other than Plaintiff. This Order and the dismissal of this Action shall have no res judicata or collateral estoppel effect on the State of California or any aggrieved employee other than Plaintiff.

5. Each party shall bear his or its own attorneys' fees and costs.

6. This Order hereby disposes of this Action.

IT IS SO ORDERED.