STIPULATION FOR DISMISSAL WITHOUT PREJUDICE; DECLARATION OF TOMAS E. MARGAIN

NATHANAEL M. COUSINS, Magistrate Judge.

Plaintiff JOSE OSWALDO MORALES and Defendants BUILT-IN C & C, INC.; NIVIYA, INC., HYUNG KI HAN aka YOUNG K HAN, MINA HAN aka MI OK HAN hereby stipulate and agree as follows:

WHEREAS Plaintiff wants to dismiss his lawsuit against Defendants without prejudice;

WHEREAS Defendants have no objection to the dismissal;

WHEREAS the dismissal will not waive any rights of Defendants based on the consequences of the dismissal;

WHEREAS the parties desire that Court dismiss Plaintiff's complaint in the matter.

IT IS SO STIPULATED.

DECLARATION OF TOMAS E. MARGAIN

I, Tomas E. Margain, declare as follows:

1. I am one of the attorneys of record for Plaintiff in this case. I have personal knowledge of the facts set forth in this declaration, and, if called as a witness, I could and would testify thereto.

2. My client Jose Oswaldo Morales contacted me and asked that I close the case or dismiss the matter. Plaintiff Morales has also put this request in writing.

3. Without waiving the attorney client privilege, the decision to dismiss the matter was not based on any settlement but a choice of Plaintiff to focus on a family health matter in Mexico.

I declare under penalty of perjury pursuant to the laws of the United States that the foregoing is true and correct, executed on March 16, 2018 in San Jose, California.s// Tomas Margain

ORDER

IT IS HEREBY ORDERED pursuant to the parties' Stipulation, and Good Cause appearing therefore, that the above entitled action is hereby dismissed without prejudice.

IT IS SO ORDERED.