VOLUNTARY DISMISSAL AND ORDER FOR DISMISSAL

JAMES C. MAHAN, District Judge.

COME NOW, the following parties: Softwind Capital LLC ("Softwind"), Clayton Straub, Tim Donmoyer, Global Project Solutions LLC ("GPS"), Eric Bromenshenkel, Joyce Knoblauch, Cindy Risinger, and Bo Bingham and submit the following Voluntary Dismissal and Order for Dismissal, with prejudice:

RECITALS

1. This case arises from a certain financial transaction that was to be administered by Dursum Keranovic, Sanjay Ijery, and Andreas Kabbadias. Keranovic and Ijery introduced the transaction to Knoblauch and Bromenshenkel. Bromenshenkel introduced the transaction to Softwind, Donmoyer and Straub. Knoblauch introduced the transaction to Risinger and Bingham.

2. Softwind, Donmoyer, Straub, Bingham, Bromenshenkel, Knoblauch, and Risinger invested or contributed money, directly or indirectly, towards the transaction or towards setting up the transaction. The agreement between these parties provided that each understood the risks of the transaction, was willing to accept those risks, and each was to conduct their own due diligence concerning the transaction.

3. Keranovic, Ijery, and Kabbadias failed to complete the transaction and failed to return the funds.

4. Softwind initiated this matter on December 21, 2011 with the filing of its Complaint. Softwind brought claims against GPS, Bromenshenkel, Knoblauch, Risinger, and Bingham alleging they were at fault for the failed transaction. Bingham, Bromenshenkel, Knoblauch, and Risinger denied Softwind's claims and asserted claims against Softwind, Straub, and Donmoyer for defamation and abuse of process based on Softwind's allegations that, Bromenshenkel, Knoblauch, Bingham, and Risinger were responsible for the failed transaction.

5. During the course of these proceedings certain financial documents were produced evidencing the none of the money contributed to the transaction ever went to Bingham, Knoblauch, or Risinger.

6. The parties have agreed to voluntarily dismiss this matter, in its entirety, with prejudice.

WHEREFORE, Softwind, Straub, Donmoyer, GPS, Bromenshenkel, Knoblauch, Risinger, and Bingham (collectively the "STIPULATING PARTIES") now enter into the following stipulations:

STIPULATIONS

The STIPULATING PARTIES agree and stipulate as follows:

1. That the STIPULATING PARTIES each waive, release and forever discharge any and all actual or potential claims, counter-claims, cross-claims, or third party claims arising out of the failed transaction and which have been asserted in this case; and

2. That the above-entitled action shall be dismissed in its entirety with prejudice, pursuant to FRCP 41, with each party to bear its own attorneys fees and costs.

ORDER

Upon review of the above Recitals and Stipulations, and good cause appearing,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the parties each waived, released and forever discharged any and all actual or potential claims, counter-claims, cross-claims, or third party claims arising out of the allegations in the Plaintiff's Complaint on file herein; and

IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that the above-entitled action is dismissed in its entirety WITH PREJUDICE, pursuant to FRCP 41, with each party bearing its own costs and attorneys fees.