NOTICE OF JOINT VOLUNTARY DISMISSAL WITH PREJUDICE

MIRANDA M. DU, District Judge.

I. BACKGROUND

The United States filed its complaint seeking damages against Defendants for the alleged misuse of federal grant funds. See ECF No. 1. On April 9, 2012, Defendants filed a pleading styled as "ANSWERS TO COMPLAINT REQUEST MOTION TO DISMISS COUNTER COMPLIANT [sic]." See ECF No. 6.

Subsequently Defendant was indicted for fraud arising out of the same grant funds involved in this action. The Defendant was also indicted for criminal tax offenses. The captioned civil case was then stayed pending resolution of the criminal case. See ECF No. 49.

The criminal fraud case proceeded to trial, and the jury convicted Defendant. The Defendant later entered a guilty plea to one count in the criminal tax case. He is currently awaiting sentencing on February 9, 2015 for both of the criminal cases.

II. VOLUNTARY DISMISSAL

Based on the criminal conviction and Post Plea Agreement in Case No. 3:12-cr-00120-MMD-WGC, and the Plea Agreement under Fed. R. Crim. P. 11(c)(1)(C) in Case No. 3:13-cr-00028-MMD-VPC, the United States agrees to dismiss its complaint with prejudice and Defendants Mike Stickler and Faith Based Solutions, LLC agree to dismiss all counterclaims that are or could have been alleged in the captioned case with prejudice. The parties further agree that each party shall bear its own attorneys' fees and costs.

Pursuant to the stipulation of counsel, this matter is dismissed.

IT IS SO ORDERED: