STIPULATION REQUEST TO A MODIFIED DISMISSAL PURSUANT TO RULE 41(a)(1)(A)(ii)

EDWARD M. CHEN, District Judge.

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and by the signatures of their counsel hereunder, plaintiff United States of America and claimant, FARSHID (FRED) EZAZI, ("Claimant") hereby submits this stipulation to request a modification to the dismissal of the government's Verified Complaint for Forfeiture with prejudice. The parties previously entered into a stipulated agreement to dismiss the instant action on February 22, 2012. The parties now seek to modify that agreement based on the following terms:

1. Claimant will and hereby does release the United States of America, its agencies, agents, and officers, including employees and agents of the Drug Enforcement Administration ("DEA"), from any and all claims, actions or liabilities arising out of or related to this civil forfeiture action, including, without limitation, any claim for attorney's fees, cost or interest which may be asserted on behalf of Claimant against the United States, whether pursuant to 28 U.S.C. § 2465 or otherwise.

2. Claimant further agrees to waive appellate rights if any, related to this civil action.

3. The Government dismisses this action with prejudice and without conditions other than those listed above.

IT IS SO ORDERED. The MOTION for Relief from and Modification of Judgment of Dismissal is hereby terminated and the hearing is vacated.