PARTIES' STIPULATION OF DISMISSAL OF THE PRESENT ACTION WITH PREJUDICE AND [PROPOSED] ORDER.

JON S. TIGAR, District Judge.

TO THE HONORABLE JON S. TIGAR AND THE CLERK OF THE COURT:

Pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii), and per the Court's December 2, 2017 order (ECF 139), Plaintiffs and Counterclaim Defendants LAGREE TECHNOLOGIES, INC., LAGREE FITNESS, INC., MAXIMUM FITNESS INCORPORATED, SEBASTIEN LAGREE, and SPX FITNESS, INC., and Defendants and Counterclaim Plaintiffs SPARTACUS 20TH L.P., SPARTACUS 20TH G.P., INC., PHILIP P. PALUMBO, JAKOB IRION, BODYROK FRANCHISE, L.P., BODYROK FRANCHISE G.P., INC., EXERCISE TECHNOLOGIES, L.P., BODYROK MARINA, L.P., SCULPT FITNESS BERKELEY, LLC, and SPARTACUS LOMBARD, L.P. (collectively, the "Parties"), stipulate as follows:

WHEREAS, during the Settlement Conference held on October 5, 2017, the Parties reached a binding agreement ("Settlement Agreement") to settle and dismiss the entirety of the present action in consideration of the negotiated terms read into the record by Magistrate Judge Donna M. Ryu, and agreed to by the Parties and their counsel, at the conclusion of said Conference ("October 5, 2017 Settlement Conference Transcript")

WHEREAS, on January 8, 2018, the Parties signed an Addendum Agreement on confidentiality and transferability of the Settlement Agreement.

WHEREAS, on January 10, 2018, Judge Ryu granted the Parties stipulation regarding sealing the October 5, 2017 Settlement Conference Transcript and redacting the terms of the Settlement Agreement from the version of the Transcript that will become publicly accessible through the Court's PACER service.

WHEREAS, the Parties agree that this Court shall retain jurisdiction of any action to enforce the terms of the Settlement Agreement and the Addendum Agreement.

NOW, THEREFORE, the Parties, by and through their respective counsel, hereby stipulate and agree to the dismissal of this action with prejudice, including all claims and counterclaims stated herein against any and all parties, with each party bearing its own attorney's fees and costs.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

ORDER OF DISMISSAL

Pursuant to the stipulation of the Parties under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), IT IS ORDERED THAT THIS ACTION IS HEREBY DISMISSED WITH PREJUDICE as to all claims, counterclaims, and parties, with each party bearing its own attorney's fees and costs. This Court shall retain jurisdiction to enforce and/or interpret the terms of the Settlement Agreement and the Addendum Agreement. The Clerk is directed to close the file.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

FILER'S ATTESTATION

I, Chad E. Ziegler, am an ECF user whose ID and password are being used to file this PARTIES' STIPULATION OF DISMISSAL OF THE PRESENT ACTION WITH PREJUDICE AND [PROPOSED] ORDER. Plaintiffs' counsel obtained Defendants' counsel's authority prior to the filing of this document. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that counsel for the Defendants concur in this filing.